alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

EXHIBIT 10.17

   THIRD AMENDMENT TO NORTHWEST BIOTHERAPEUTICS, INC. LOAN AGREEMENT, SECURITY
             AGREEMENT AND 10% CONVERTIBLE, SECURED PROMISSORY NOTE

      THIS THIRD AMENDMENT TO NORTHWEST BIOTHERAPEUTICS, INC. LOAN AGREEMENT,
SECURITY AGREEMENT AND 10% CONVERTIBLE, SECURED PROMISSORY NOTE (the "THIRD
AMENDMENT") is made and entered into as of November 14, 2005, by and among
NORTHWEST BIOTHERAPEUTICS, INC., a Delaware corporation (the "MAKER") and Toucan
Capital Fund II, L.P. (the "HOLDER"). This Second Amendment amends the Note (as
defined below).

                                    RECITALS

A. Section 17.6 of that certain Northwest Biotherapeutics, Inc. Loan Agreement,
Security Agreement and 10% Convertible, Secured Promissory Note, in the
principal amount of $50,000.00 amended and restated as of July 30, 2004 and
originally issued on February 2, 2004, by and between the Maker and the Holder
in the form attached to this Third Amendment as Exhibit A and as amended by that
First Amendment to Northwest Biotherapeutics, Inc. Loan Agreement, Security
Agreement and 10% Convertible, Secured Promissory Note in the form attached to
this Third Amendment as Exhibit B and as further amended by that Second
Amendment to Northwest Biotherapeutics, Inc. Loan Agreement, Security Agreement
and 10% Convertible, Secured Promissory Note in the form attached to this Third
Amendment as Exhibit C (as so amended, the "NOTE"), states that any provision of
such note may be amended or waived in writing by the Holder and the Maker; and

B. The Maker and the Holder wish to amend the Note as provided below.

                                    AGREEMENT

      NOW, THEREFORE, in consideration of these premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:

1. Section 1 of the Note is hereby amended to provide that the Maturity Date is
January 17, 2006.

2. All other terms and conditions of the Note shall be unaffected hereby and
remain in full force and effect.

3. This Third Amendment shall be governed by and construed under the laws of the
state of Delaware without giving effect to principles of conflicts of laws of
the State of Delaware or any other state.

                            [SIGNATURE PAGE FOLLOWS]

                                        1
<PAGE>

      IN WITNESS WHEREOF, the parties hereto have executed this THIRD AMENDMENT
TO NORTHWEST BIOTHERAPEUTICS, INC. LOAN AGREEMENT, SECURITY AGREEMENT AND 10%
CONVERTIBLE, SECURED PROMISSORY NOTE as of the date first above written.

MAKER:

NORTHWEST BIOTHERAPEUTICS, INC.,
a Delaware corporation

By: /s/ Alton L. Boynton
    --------------------
Name: Alton L. Boynton
Title: President

HOLDER:

Toucan Capital Fund II, L.P.

By: /s/ Linda Powers
    ---------------------------------
    Linda Powers, Managing Director


259035 v2/RE

                                       2
#### In the Matter of the Accounting of Charles Meter, as Administrator with the Will Annexed of Frances Eckmeyer, Deceased. Hermine A. Hete et al., Appellants; August B. Meyer, as Substitutionary Administrator with the Will Annexed of Charles Meyer, Deceased, Respondent.

(Argued November 18, 1936;

decided December 4, 1936.)

*662
      *Raymond T. Heilpern, Otto C. Sommerich*and *Benjamin Busch*for appellants.

*Bernard A. Shalek, Edgar R. Mead*and *Richard S. Ritzel*for respondent.

Order affirmed, with costs payable out of the estate; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.
----

EXHIBIT 99.7 

CERTIFICATION REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE 

Gildan Activewear Inc. (the "Corporation") is filing itsannual report on Form 40-F for the fiscal year ended October 1, 2006 (the"Report") with the United States Securities and Exchange Commission. 

I, Glenn J. Chamandy, President and Chief Executive Officerof the Corporation, certify, pursuant to 18 U.S.C. section 1350, as enactedpursuant to section 906 of the Sarbanes-Oxley Act of 2002, that, to the best ofmy knowledge: 

1.         The Reportfully complies with the requirements of Section 13(a) or 15(d) of the U.S.Securities Exchange Act of 1934; and 

2.         Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Corporation. 

Dated: December 20, 2006 

| /s/    | Glenn J. Chamandy                          |
|--------|--------------------------------------------|
| Name:  | Glenn J. Chamandy                          |
| Title: | President and      Chief Executive Officer |

 

----

**CERTIFICATION REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE**
Gildan Activewear Inc. (the "Corporation") is filing itsannual report on Form 40-F for the fiscal year ended October 1, 2006 (the"Report") with the United States Securities and Exchange Commission. 

I, Laurence G. Sellyn, Executive Vice-President, Finance andChief Financial Officer of the Corporation, certify, pursuant to 18 U.S.C.section 1350, as enacted pursuant to section 906 of the Sarbanes-Oxley Act of2002, that, to the best of my knowledge: 

1.       The Report fully complies with the requirements of Section 13(a) or 15(d) of theU.S. Securities Exchange Act of 1934; and 
2.       The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Corporation.
Dated: December 20, 2006 
/s/Laurence G. SellynName:Laurence G. Sellyn      Title:Executive      Vice-President, Chief Financial and Administrative Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>

                                                                   Page 91 of 95
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF RAILWORKS CORPORATION FOR THE YEAR ENDED DECEMBER 31,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       4,617,000
<SECURITIES>                                         0
<RECEIVABLES>                              153,084,000
<ALLOWANCES>                                 1,990,000
<INVENTORY>                                 23,759,000
<CURRENT-ASSETS>                           251,716,000
<PP&E>                                      83,745,000
<DEPRECIATION>                               9,848,000
<TOTAL-ASSETS>                             571,657,000
<CURRENT-LIABILITIES>                      132,446,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     14,000
<COMMON>                                       142,000
<OTHER-SE>                                 126,903,000
<TOTAL-LIABILITY-AND-EQUITY>               571,657,000
<SALES>                                    468,105,000
<TOTAL-REVENUES>                           468,105,000
<CGS>                                     (369,083,000)
<TOTAL-COSTS>                             (369,083,000)
<OTHER-EXPENSES>                           (50,434,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                         (20,054,000)
<INCOME-PRETAX>                             31,149,000
<INCOME-TAX>                               (11,063,000)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                20,086,000
<EPS-BASIC>                                       1.44
<EPS-DILUTED>                                     1.31


</TABLE>
632 A.2d 149

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Timothy BROWN.

Misc. (Subtitle BV) No. 16,

September Term, 1993.

Court of Appeals of Maryland.

Oct. 28, 1993.

*ORDER*

This matter came before the Court on the joint Petition of the Attorney Grievance Commission of Maryland and Respondent, Timothy Brown, to place Respondent on Indefinite Suspension.

The Court, having considered the Petition, it is this 28th day of October, 1993

*ORDERED*that Respondent, TIMOTHY BROWN, be and he is hereby indefinitely suspended from the practice of law in the State of Maryland effective this 28th day of October, 1993, and it is further,

*ORDERED,*that as a condition precedent to Respondent’s reinstatement to the Bar, the following conditions must be fulfilled:

[1] Respondent return the sum of $600 to Yvonne Cherry;

[2] Respondent present satisfactory evidence to the Court that he is competent to take care of his personal and business obligations;

[3] Respondent be re-admitted only under the supervision of an attorney monitor satisfactory to Bar Counsel who will monitor his practice for a period of two years, have access to client files and to co-sign checks on Respondent’s escrow account. The monitor is to submit monthly reports for six *452months and quarterly reports for the following eighteen months to Bar Counsel.

[4] Respondent is to pay the costs in the amount of $854.00.

It is further *ORDERED,*that the Clerk of this Court shall remove the name of *TIMOTHY BROWN*from the register of attorneys in this Court until further Order of this Court and certify that fact to the Clients’ Security Trust Fund and the Clerks of all judicial tribunals in this State in accordance with Rule BV13.
<PAGE>
                                                                    EXHIBIT 99.1


                            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 SpectraSite Holdings, Inc.
(the "Company") on Form 10-Q for the period ending September 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Stephen H. Clark, as Chief Executive Officer of the Company, certify,
pursuant to and for the purposes of 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/ STEPHEN H. CLARK
November 12, 2002                              --------------------------------
                                                      Stephen H. Clark
                                                   Chief Executive Officer
JUDGMENT — SUMMONS.

[Hamilton Circuit Court,

June, 1898.]

Cox, Smith and Swing, JJ.

#### L. W. Richter v. A. W. Thornton et al.

Summons must be Served at beast Three Days Before Time of Appearance.

Where service of summons is had less than three days before the day of appearance, the judgment rendered in such action is void.

Heard on Appeal to the common pleas, raising the question whether the magistrate obtained jurisdiction.

*Scott*Bonham, for plaintiff.

*W. L. Avery*and *Herbert*Jenney, for defendant.

Smith, J.

Section 6476, Rev. Stat., provides that unless accompanied with an order to arrest, the summons must be served at least three days before the time of appearance. This was not done in this case.

It is clear that the decisions of the ■ courts of the country on the question whether a judgment so rendered is absolutely void or only erroneous are in direct conflict. We are of the opinion, however, that the weight of authority is that such a judgment is absolutely void, and that such is the tendency of the decisions in Ohio, though there is none on the exact question. We think that the decision of the common pleas so holding was right, and the action of the plaintiff will be dismissed.
EXHIBIT 32.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
            AS ADDED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


      In connection with the Quarterly Report of Pacific CMA, Inc. (the
"Company") on Form 10-Q for the period ended March 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Alfred
Lam, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss.
1350, as added by ss.906 of the Sarbanes-Oxley Act of 2002, that:

      (a)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934; and

      (b)   The information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company as of and for the period covered by the Report.


                                   By:  /s/Alfred Lam
                                        ----------------------------------------
                                         Alfred Lam, Chief Executive Officer


Date: May 15, 2006
061617 ORDER DENYING UCC MOTION VERSION JUNE 16, 2017 1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

----------------------------------------------------------x 

In re: PROMESA 

 Title III 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of No. 17 BK 3283-LTS 

THE COMMONWEALTH OF PUERTO RICO, (Jointly Administered) 

et al., 

 Debtors.1

----------------------------------------------------------x 

ORDER DENYING REQUEST FOR APPOINTMENT OF 

UNSECURED CREDITORS COMMITTEE PURSUANT TO 11 U.S.C. § 1102(A)(1) 

On May 15, 2017, Cesar Castillo, Inc. (the “Movant”) filed the Request for Appointment 

of Unsecured Creditors Committee Pursuant to 11 U.S.C. § 1102(A)(1) (the “Motion”). (Docket 

Entry No. 110.) On June 15, 2017, the Office of the United States Trustee for Region 21 filed 

the Appointment of Official Committee of Unsecured Creditors in the Commonwealth of Puerto 

Rico (the “Notice”) appointing certain creditors to the Official Committee of Unsecured 

Creditors in the above-captioned case. (Docket Entry No. 338.) As a result of the Notice, the 

Motion is denied as moot. 

This Order resolves docket entry no. 110. 

SO ORDERED. 

Dated: June 16, 2017 

 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN

 United States District Judge 

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number listed as a bankruptcy case number due to software limitations and the last four (4) digits 

of each Debtor’s federal tax identification number, as applicable, are the (i) Commonwealth of 

Puerto Rico (Bankruptcy Case No. 17 BK 3283-LTS) (Last Four Digits of Federal Tax ID: 3481); 

and (ii) Puerto Rico Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17 BK 

3284) (Last Four Digits of Federal Tax ID: 8474). 

Case:17-03283-LTS Doc#:352 Filed:06/16/17 Entered:06/16/17 07:57:38 Desc: Main

Document Page 1 of 1
Exhibit 10.7
KEC Coal Sales Agreement
AGREEMENT
Subject:  Coal Sales Agreement between Eastern Consolidated Energy Inc. and
Kentucky Energy Consultants Inc.

Whereas:  This Agreement is hereby entered into this 21st day of July, 2003 by
and between Eastern Consolidated Energy Inc. (ECEI) a Kentucky Corporation
located 1000 Riley Branch, Bevinsville, KY 416062 and Kentucky Energy
Consultants Inc. (KECI) located at 9900 W. Sample Rd., Coral Springs, FL, the
parties hereby enter into this coal marketing agreement under the following
terms and conditions:

Witnesseth

Whereas:  ECEI owns and controls and/or is in the process of acquiring various
coal leases in the central Appalachian region of Eastern Kentucky and Southern
West Virginia for the purpose of mining and producing coal for sale on the
utility, industrial and metallurgical markets and presently has one mine
permitted, bonded and developed ready for coal production located at Warfield,
Martin County, Kentucky.

Whereas:  KECI is in the business of marketing coal, locating coal leases
suitable for mining and consulting on development in relation to coal
ventures.

Whereas:  ECEI hereby contracts KECI to market and sale all coal produced from
the ECEI mining operations operating and producing coal throughout the central
Appalachian region including but not limited to the ECEI mining operation
located at Warfield, KY.

Whereas:  KECI will be responsible for the preparation of all proposal
documents required for acquiring coal sales and contracts along with
assistance of transportation arrangements, contract negotiations and contract
administration.

Whereas:  ECEI will be the principal participant on all coal sales agreements.
KECI will serve as the coal sales agent on all agreements related to coal
sales and contracts.  All coal sales proposals will be reviewed and agreed to
before any acceptance of such sales are executed.

Whereas:  The fees or commissions to be paid to KECI for its services by ECEI
will be equal to five (5%) percent of the gross sales price received by ECEI
for any and all coal sold by ECEI on purchase orders and/or contracts on
either the spot or contract arrangements.  Payments made by ECEI to KECI will
be made within three days from the time ECEI receives payment from the coal
purchaser.

Whereas:  The term of this agreement will be for a period of five years.  Any
contracts in effect at the end of this agreement will remain in effect and
this agreement shall remain in effect as to the existing and continuing
contracts until such time as those contracts are completed or terminated.

Whereas:  This Agreement shall remain in effect throughout its term and shall
be binding upon the parties, its successors and assigns.

We hereby affix our signatures this 21st  day of July, 2003.

/s/Larry Hunt                       /s/Jeff Miller
President                           President
Eastern Consolidated Energy Inc.    Kentucky Energy Consultants Inc.
#### SANCHEZ v STATE OF FLORIDA

Case No. 90-2307-AC (County Case No. 90-4070-TT)

Fifth Judicial Circuit, Marion County

April 8, 1991

APPEARANCES OF COUNSEL

Michael W. Johnson, Esquire, for appellant.

Scott M. Schirrman, Assistant State Attorney, for appellee.

Before McNEAL, BOOTH, SINGELTARY, JJ.

OPINION OF THE COURT

PER CURIAM.

Appellant, Edward Broward Sanchez, was sitting in the driver’s seat of a Blazer, either passed out or sleeping. Another person was in the passenger’s seat. It was 4:15 a.m., the radio was playing, and the key was in the ignition. The Blazer’s engine was not running. When *80Sanchez was asked to produce his driver’s license, he pulled out several hundred dollar bills and held them out toward the officer. The officer asked, “What’s this for?” Sanchez replied, “I’m just trying to do the right thing.” After Sanchez passed his driver’s license several times, the officer pointed it out to him.

Appellant raises two issues on appeal. The first is whether Sanchez was in actual physical control of the vehicle. We find that he was. *Baltrus v State,*15 F.L.W. 2979 (4th DCA December 12, 1990). Compare with *Fieselman v State,*537 So.2d 603 (Fla. 3d DCA 1988) where driver was laying down in the front seat.

The second issue is whether the trial court improperly allowed testimony about Sanchez offering money to the officer. The court properly allowed this testimony as evidence of intoxication.

AFFIRMED.

McNEAL, R., BOOTH, J., SINGELTARY, G., concur.
#### REED v. THE STATE.

(Decided February 3, 1916.)

Appeal from Marshall Circuit Court.

Heard before Hon. W. W. Haralson.

No counsel marked for appellant. W. L. Martin, Attorney General, for the State.

Per Curiam.

Appeal dismissed.
```

[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Pages 26634-26635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11372]

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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on April 26, 2000, a proposed Consent 
Decree in United States v. Harvey GRQ, Inc., et al., Civil Action No. 
00 C 2505, was lodged with the United States District Court for the 
Northern District of Illinois.
    The Consent Decree settles an action brought under section 107 of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9601, et seq., (``CERCLA'') for the recovery of past 
costs incurred by the United States in responding to releases or 
threatened releases of hazardous substances at the Harvey GRQ Site, 
located in the Villages of Harvey and Dixmoor, Illinois. The proposed 
settlement set forth in the Consent Decree addresses the liability of 
four defendants in this action, each of which has been named as an 
owner and/or operator of the Site. Under the terms of the proposed 
decree, the settling defendants will pay the United States a total of 
$700,000 in settlement of the United States' past costs claims against 
them.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Decrees. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice, P.O. Box 7611, Washington, DC 20044-7611, and should refer 
to United States v. Harvey GRQ Inc., et al., D.J. Ref. 90-11-3-06600.
    The Consent Decree may be examined at the office of the United 
States Attorney, Northern District of Illinois, 219 S. Dearborn St., 
5th Floor, Chicago, Illinois 60604, and at United States Environment 
Protection Agency Region V, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. A copy of the proposed consent decree may also be 
obtained by

[[Page 26635]]

mail from the Department of Justice Consent Decree Library, P.O. Box 
7611, Washington, DC. 20044. In requesting a copy please refer to the 
referenced case and enclose a check in the amount of $5.25 (25 cents 
per page reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-11372 Filed 5-5-00; 8:45 am]
BILLING CODE 4410-15-M
```