alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 73
Editorial Note: Nomenclature changes to part 73 appear at 66 FR 66742, Dec. 27, 2001.

§ 73.70 Calcium carbonate. ( a ) *Identity.* ( 1 ) The color additive calcium carbonate is a fine, white powder consisting essentially of calcium carbonate (CaCO3) prepared either by grinding naturally occurring limestone or synthetically, by precipitation.
( 2 ) Color additive mixtures for food use made with calcium carbonate may contain only those diluents that are suitable and that are listed in this subpart as safe for use in color additive mixtures for coloring foods.
( b ) *Specifications.* Calcium carbonate must meet the specifications given in calcium carbonate (FCC 13) and limestone, ground (FCC 13).
( c ) *Uses and restrictions.* Calcium carbonate may be safely used in amounts consistent with good manufacturing practice to color dietary supplement tablets and capsules (including coatings and printing inks), soft and hard candies and mints, and in inks used on the surface of chewing gum, except that it may not be used to color chocolate for which standards of identity have been promulgated under section 401 of the Federal Food, Drug, and Cosmetic Act unless added color is authorized by such standards.
( d ) *Labeling requirements.* The label of the color additive and of any mixtures prepared therefrom intended solely or in part for coloring purposes must conform to the requirements of § 70.25 of this chapter.
( e ) *Exemption from certification.* Certification of this color additive is not necessary for the protection of the public health, and, therefore, batches thereof are exempt from the certification requirements of section 721(c) of the Federal Food, Drug, and Cosmetic Act.
( f ) *Incorporation by reference.* Material listed in this paragraph (f) is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Food and Drug Administration and at the National Archives and Records Administration (NARA). Contact the Food and Drug Administration between 9 a.m. and 4 p.m., Monday through Friday at: Dockets Management Staff, (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500. For information on the availability of this material at NARA, email: *fr.inspection@nara.gov ;* website: *www.archives.gov/federal-register/cfr/ibr-locations.html .* You may obtain the material from the U.S. Pharmacopeial Convention, 12601 Twinbrook Pkwy., Rockville, MD 20852; website: *www.usp.org .* ( 1 ) Limestone, Ground, *Food Chemicals Codex,* 13th edition, effective June 1, 2022 (FCC 13).
( 2 ) Calcium Carbonate, *Food Chemicals Codex,* 13th edition, effective June 1, 2022 (FCC 13).
[82 FR 51557, Nov. 7, 2017, as amended at 87 FR 58448, Sept. 27, 2022]
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.2390 Phonocardiograph. ( a ) *Identification.* A phonocardiograph is a device used to amplify or condition the signal from a heart sound transducer. This device furnishes the excitation energy for the transducer and provides a visual or audible display of the heart sounds.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9.
[45 FR 7907, Feb. 5, 1980, as amended at 61 FR 1121, Jan. 16, 1996; 66 FR 38796, July 25, 2001]
Editorial Note on Part 874
Editorial Note: Nomenclature changes to part 874 appear at 73 FR 35341, June 23, 2008.

§ 874.5840 Antistammering device. ( a ) *Identification.* An antistammering device is a device that electronically generates a noise when activated or when it senses the user's speech and that is intended to prevent the user from hearing the sounds of his or her own voice. The device is used to minimize a user's involuntary hesitative or repetitive speech.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 874.9.
[51 FR 40389, Nov. 6, 1986, as amended at 65 FR 2316, Jan. 14, 2000]
* 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. 98-50398

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LUIS JUAREZ-DURAN,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. MO-97-CR-20-ALL

- - - - - - - - - -

January 5, 1999

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Luis Juarez-Duran has moved for

leave to withdraw and has filed a brief as required by Anders v.

California, 386 U.S. 738 (1967). Juarez-Duran has filed a

response. Our independent review of the brief, the record, and

Juarez-Duran’s response discloses no nonfrivolous issue. 

Accordingly, the motion for leave to withdraw is GRANTED, counsel

is excused from further responsibilities herein, and the APPEAL

IS DISMISSED.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:Catalog of federal domestic assistance.**
 
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2020
 
SuDoc Number:PREX 2.20:
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July 12, 2018
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 CEC  Entertainment,  Inc. (the
"Company")  on Form 10-Q for the  quarter  ended  July 3, 2005 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned  certifies,  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/ Richard M. Frank
                                            -----------------------------
                                            Richard M. Frank
                                            Chief Executive Officer
                                            August 11, 2005



A signed  original of this  written  statement  required by Section 906 has been
provided to CEC  Entertainment,  Inc. and will be retained by CEC Entertainment,
Inc. and furnished to the Securities  and Exchange  Commission or its staff upon
request.
Evergreen Solar, Inc. (“**E**”) and EverQ GmbH (“**EQ**”) have entered into the Quad Technology LicenseAgreement (the “**Agreement**”) dated October 6, 2008. In addition to the Agreement E, EQ and DeutscheBank AG Filiale Deutschlandgeschäft (“**Bank**”) agree as follows:1. E and EQ hereby assign all of EQ’s rights and obligations arising from the Agreement with theapproval of Q-Cells AG and Renewable Energy Corporation ASA as a whole to any person named bythe Bank continuing EQ’s business by means of acquisition of the shares in EQ or substantiallyall of its assets (the assignee hereafter referred to as the “**Purchaser**”).   The aforementioned assignment is effective only under the occurrence of the followingcondition precedent (“**Condition Precedent**”): that any and all conditions for theutilization of securities included in the loan agreement on a consortional loan of EUR192,500,000.00 dated September 1, 2008 by and between EQ, the Bank and other parties and inany of its securities related subcontracts have been met. 2. Purchaser shall not have the right under this Agreement to make in total more than 180 MW ofLicensed Products per year (including the right to make not more than 90 MW of LicensedProducts per year according to No. 3 of the Addendum to the Amended and Restated License andTechnology Transfer Agreement dated April 30, 2007). EQ’s rights and obligations resultingfrom the Amended and Restated License and Technology Transfer Agreement dated September 29,2006, shall apply for the portion of Licensed Products produced on the basis of the GeminiTechnology. EQ’s rights and obligations resulting from the Quad Technology License Agreementdated October 6, 2008 shall apply for the portion of Licensed Products produced on the basisof the Quad Technology. 3. Notwithstanding anything contained herein or in the Agreement to the contrary, IntellectualProperty Rights and Technology licensed to each Purchaser and E under the Agreement shall notinclude any Intellectual Property Rights or Technology developed after effectiveness of theCondition Precedent. Additionally, Article 3 (Technology Transfer) of the Agreement shallterminate upon effectiveness of the Condition Precedent, and Purchaser shall have no rightsand no obligations under such Article.
2

 
4. Following assignment under the provisions of this Addendum, E may terminate this Addendum andthe Agreement at any time by notice in the event that Purchaser fails to comply with anymaterial provision of this Addendum or the Agreement and, in the case of a breach which iscapable of remedy, fails to remedy such breach within forty-five (45) days of notification ofsuch breach. Any rights of extraordinary termination remain unaffected.Evergreeen Solar, Inc.       Place, Date            Signature(s)       EverQ GmbH               Place, Date           Signature(s)       Deutsche Bank AG    Filiale Deutschlandgeschäft               Place, Date           Signature(s)  We hereby declare approval of the Addendum above:     Q-Cells AG           Place, Date            Signature(s)       Renewable Energy Corporation ASA             Place, Date           Signature(s)  
3
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5130 Anesthesia conduction filter. ( a ) *Identification.* An anesthesia conduction filter is a microporous filter used while administering to a patient injections of local anesthetics to minimize particulate (foreign material) contamination of the injected fluid.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.1542 Oxalate test system. ( a ) *Identification.* An oxalate test system is a device intended to measure the concentration of oxalate in urine. Measurements of oxalate are used to aid in the diagnosis or treatment of urinary stones or certain other metabolic disorders.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 862.9.
[52 FR 16122, May 1, 1987, as amended at 65 FR 2307, Jan. 14, 2000]
<PAGE>

                                                                    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 Annual Report of Day International
Group, Inc (the "Company") on Form 10-K for the period ending December 31, 2003
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Dennis R. Wolters, Chief Executive 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 to my knowledge:

                  (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 position and results of
operations of the Company.

                  A signed original of this written statement required by
Section 906, or other document authenticating, acknowledging, or otherwise
adopting the signature that appears in typed form within the electronic version
of this statement required by Section 906, has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

/s/ Dennis R. Wolters
--------------------------------
Dennis R. Wolters
Chief Executive Officer
March 24, 2004
[Newco Merger Company or RPPC letterhead]



Exhibit 4.4

Alcon Holdings, Inc.



DEMAND NOTE


$140,000,000.00Date:June 21, 2002


FOR VALUE RECEIVED, the undersigned promises to pay to the order of Nestlé Capital Corporation ("NCC") in lawful money of the United States of America the principal sum of One Hundred Forty Million Dollars ($140,000,000.00), or, if less, the aggregate unpaid principal amount of all advances that have been made by NCC to the undersigned hereunder and are outstanding on the date this note is presented for payment by NCC to the undersigned.


The unpaid balance of this obligation shall bear interest from the date hereof until full payment under the following terms:


	
Principal:
	
The average daily balance of the unpaid obligation for the Interest Period.


	
Per Annum Rate:
	
The interest rate charged will be the average one month LIBOR plus 50 basis points for the Interest Period as published on Bloomberg (US0001M Index HP) for the historical rates.


	
Calculation Basis:
	
Actual / 360 day basis.



	
Interest Period:
	
Monthly, as defined by the Nestlé Holdings, Inc. fiscal calendar.


	
Interest Payments:
	Monthly, in arrears, settled in the Nestlé S.A. netting cycle.











 










This Note is payable on demand and the holder shall be entitled to require payment in full of all amounts outstanding, whether or not an event of default exists hereunder.  Any demand that exceeds twenty-five million ($25,000,000) or 50% of the advances outstanding requires at least ten (10) business days notice to the undersigned, which requirement may be waived by the undersigned.  The undersigned may repay part or all of its loan balance without premium or penalty, provided that, if any repayment exceeds twenty five million ($25,000,000) or 50% of the loan balance, the undersigned must notify NCC at least ten (10) business days prior to such repayment, which notification may be waived by NCC.



NCC shall record, in a separate loan account, all advances made by NCC pursuant to this Note, and all repayments of such advances made by the undersigned.  NCC shall deliver to the undersigned each month a report that details all advances and repayments for that month.



The undersigned hereby waives presentment, protest, demand and notice of nonpayment of this Note.  This Note is subject to and shall be construed under the laws of the State of Delaware.

By:  Alcon Holdings, Inc.


 





/s/ David Bass

David A. Bass

VP, Treasurer Global Operations


 

 

/s/ Jake Murrah

Jake Murrah

VP, Finance U.S. Operations
Termination of Supplemental Compensation - Kathy Bronstein


EXHIBIT 10.3.9 
 
Termination of Supplemental Compensation Agreement 
 
This agreement is entered on April 2, 2002 between The Wet Seal, Inc., a
Delaware corporation (“Wet Seal”) and Kathy Bronstein (“Bronstein”). 
 
Effective as of February 4, 2002, the parties agree to terminate the Supplemental Compensation Agreement, dated April 1, 2001 (“Exhibit A”). 
 
The parties agree that as of February 4, 2002 and beyond, neither party will retain any obligations whatsoever as delineated
on Exhibit A. 
 

	 “Wet Seal”
	 	 	 	 “Bronstein”


 
THE WET SEAL, INC., 
A Delaware
Corporation 
 

	
	 /s/    WALTER
LOEB        

	 	 	 	 /s/    KATHY
BRONSTEIN        


	 Walter Loeb
 Chairman of Compensation Committee
	 	 	 	 Kathy Bronstein
EXHIBIT 11 - CALCULATION OF NET INCOME (LOSS) PER COMMON SHARE


                                 MICROAGE, INC.
                 NET INCOME (LOSS) PER COMMON SHARE CALCULATION
                                 (in thousands)

<TABLE>
<CAPTION>
                                                                Quarter ended             39 weeks ended
                                                           -----------------------     ------------------------
                                                           August 2,     August 3,     August 2,      August 3,
                                                             1998          1997          1998           1997
                                                           --------      --------      --------       --------
<S>                                                        <C>           <C>           <C>            <C>     
Basic
        Weighted average common shares                       19,859        17,421        19,633         17,310
                                                           --------      --------      --------       --------

Diluted
        Weighted average shares from basic
               calculation                                   19,859        17,421        19,633         17,310

        Dilutive effect of stock options and warrants           446           777          --              783


                                                           --------      --------      --------       --------
               Weighted average common and common
                 equivalent shares outstanding - diluted     20,305        18,198        19,633         18,093
                                                           --------      --------      --------       --------

Net income  (loss)                                         $    728      $  6,606      $ (9,941)      $ 18,210

Net income (loss) per common and common
    equivalent share:
        Basic                                              $   0.04      $   0.38      $  (0.51)      $   1.05
                                                           ========      ========      ========       ========
        Diluted                                            $   0.04      $   0.36      $  (0.51)      $   1.01
                                                           ========      ========      ========       ========
</TABLE>
AMENDMENT TO SECOND RESTATED AGREEMENT FOR WHOLESALE FINANCING


        This  Amendment to Second  Restated  Agreement for  Wholesale  Financing
("Amendment") is made by and between MICROAGE COMPUTER CENTERS,  INC.  ("MCCI"),
MICROAGE  LOGISTICS  SERVICES,  INC. ("MLS"),  and DEUTSCHE  FINANCIAL  SERVICES
CORPORATION ("DFS") as of the 28th day of January, 1998.

        WHEREAS,  DFS,  MCCI and MLS entered into that certain  Second  Restated
Agreement  for Wholesale  Financing  dated as of August 3, 1995, as amended (the
"AWF");

        WHEREAS, DFS, MCCI and MLS desire to amend the AWF as provided herein.

        NOW, THEREFORE,  for and in consideration of the premises, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,  DFS, MCCI and MLS agree as follows  (except as otherwise  defined
herein,  all capitalized terms will have the same meanings set forth in the AWF,
and all references to MCCI shall be deemed  references to MCCI and MLS,  jointly
and severally):

        1. Section 10(b) of the AWF is hereby deleted in its entirety.

        2. Except as expressly  modified or amended herein,  all other terms and
        provisions  of  the  AWF,  including  without   limitations  all  letter
        agreements regarding interest charges, fees and other amounts payable to
        DFS in  connection  with  the AWF,  to the  extent  consistent  with the
        foregoing,  will remain  unmodified and in full force and effect and the
        AWF, as hereby amended, is ratified and confirmed by DFS, MCCI and MLS.

        IN WITNESS WHEREOF, DFS, MCCI and MLS have executed this Amendment as of
the date and year first above written.


MICROAGE COMPUTER CENTERS, INC.         DEUTSCHE FINANCIAL SERVICES CORPORATION

By:  /s/ James R. Daniel                By:  /s/ Stephen H. Patyk
   ------------------------------          -----------------------------
Title:  Treasurer                       Title:  Area General Manager
      ---------------------------             --------------------------

MICROAGE LOGISTICS SERVICES, INC.

By:  /s/ James R. Daniel
   ------------------------------
Title:  Treasurer
      ---------------------------