alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex1017.htm




Loan Cutback Agreement









This Loan Cutback Agreement (“Agreement”) is effective as of January 31, 2008, and is made by and between AVT, Inc., a Nevada corporation (“AVT”) and SWI Trading, Inc., a California corporation (“SWI”).





WHEREAS, as of the date of this Agreement, SWI has an outstanding loan balance with AVT in the amount of $897,318 (the “Loan”).





WHEREAS, AVT currently has insufficient cash flow to pay back the Loan.





WHEREAS, SWI has agreed to accept partial repayment of the Loan in restricted shares of AVT’s common stock.





NOW THEREFORE, the parties agree as follows:





1.           In consideration of SWI waiving repayment of $500,250 of the $897,318 owed SWI, AVT will issue 1,724,133 restricted shares of AVT’s common stock valued at $0.29 per share.





2.           SWI shall further waive any claim it may have against AVT for interest due upon the Loan, and/or unpaid compensation due for:  (i) services; (ii) research and development fees; (iii) technology development fees;
(iv) loan acquisition services, (v) use of SWI’s line of credit; or (v) any other claims SWI may have against AVT as of the date of this Agreement.





3.           SWI agrees that this Agreement shall not become effective until such time as the Agreement is approved by the AVT board of directors.





SO AGREED:









AVT, INC.













/s/ Natalie Russell

_______________________________________

By:  Natalie Russell

Its:  Secretary













SWI TRADING, INC.













/s/ Jon Illingworth

_______________________________________

By:  Jon Illingworth

Its:   President
#### § 1917.12 Slippery conditions.

The employer shall eliminate, to the extent possible, conditions causing slippery working and walking surfaces in immediate work areas used by employees.
#### Louis H. Pink, Superintendent of Insurance of the State of New York, as Rehabilitator of Bond and Mortgage Guarantee Company, Appellant, *v.*Title Guarantee and Trust Company, Respondent.

Submitted May 24, 1937;

decided June 8, 1937.

Motion for reargument denied. Upon this appeal we decided only that the matters alleged in the answer did not constitute debts or credits which might be offset against the cause of action alleged in the complaint based, as we said, upon “ the fraud and imposition practiced and upon the unjust enrichment of defendant under cover of confidential and fiduciary relations through the common directorate.” We expressed no opinion upon the merits of the issues which must await trial. Nothing we have said may properly be construed as an *611expression of opinion, or assumption, that the cause of action alleged may be established merely by proof that the result, even though, perhaps, beneficial to the plaintiff, has been accomplished by acts which are *ultra vires,*but not otherwise illegal and fraudulent. (See 274 N. Y. 167.)
#### Transit Commission, Appellant, *v.*Long Island Railroad Company, Respondent. City of New York, Intervener, Appellant.

Argued May 18, 1937;

decided June 1, 1937.

*583
      *George H. Stover*and *Philip Hodes*for Transit Commission, appellant.

*Paul Windels, Corporation Counsel (William G. Mulligan, Jr.,*and *Arthur A. Segall*of counsel), for City of New York, appellant.

*Louis J. Carruthers*and *Otto M. Buerger*for respondent.

Order affirmed, with costs. The Long Island Railroad Company, having complied with all the provisions of the order and the statute regarding rate of fare, we answer the question certified in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbb, Loughran, Finch and Rippey, JJ.
#### In the Matter of Stateline Plaza, Inc., Appellant, v John Duffy et al., Respondents.

[698 NYS2d 536]

—In a proceeding pursuant to CPLR article 78, *inter alia,*to review a determination of the Zoning Board of Appeals of the Town of Orangetown dated January 7, 1998, which, after a hearing, determined that the petitioner was required to obtain a building permit to erect a barrier, the appeal is from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated August 11, 1998, which, *inter alia,*confirmed the determination and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination of the Zoning Board of Appeals of the Town of Orangetown that the barrier erected by the petitioner was a fence which requires an application for a building permit was in accordance with the language of the Zoning Code *(see,*Zoning Code of Town of Orangetown §§ 5.226, 10.221, 11.2).

The petitioner’s remaining contentions are without merit. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER



I, David F. Hoffmeister, Chief Financial Officer of Invitrogen Corporation (the Registrant), do hereby certify in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



(1) the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m); and



(2) the information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|                        |  |  |  |                                             
|----------------------- |  |  |  | --------------------------------------------
|                        |  | 
|Dated: November 7, 2005 |  |  |  | /s/ David F. Hoffmeister                    
|                        |  |  |  | David F. Hoffmeister Chief Financial
Officer



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 written statement required by Section 906, has been
provided to Invitrogen and will be retained by Invitrogen and furnished to the Securities and Exchange Commission or its staff upon request.
§ 152.401 Applicability. ( a ) This subpart is applicable to all grantees and other covered organizations under this part, and implements the requirements of section 30 of the Airport and Airway Development Act of 1970, which provides: The Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall promulgate such rules as he deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under Title VI of the Civil Rights Act of 1964. The provisions of this section shall be considered to be in addition to and not in lieu of the provisions of Title VI of the Civil Rights Act of 1964.
( b ) Each grantee, covered organization, or covered suborganization under this part shall negotiate reformation of any contract, subcontract, lease, sublease, or other agreement to include any appropriate provision necessary to effect compliance with this subpart by July 17, 1980.
§ 1912a.13 Subcommittees and subgroups. ( a ) The Chairman may appoint from among the members of the Committee any number of subcommittees for the purpose of assisting the Committee in carrying out its functions. All the provisions of this part regarding the conduct of Committee meetings are applicable to the conduct of subcommittee meetings. For example, any meeting of subcommittees shall be open to the public, and notice of subcommittee meetings shall be published in the Federal Register.
( b ) The purpose of any subcommittee is to give advice and make recommendations solely to the full Committee and under no circumstances may any subcommittee act outside this purpose. The Chairman may appoint any member of a Subcommittee to act as Chairman.
( c ) Subcommittee shall operate in accordance with the Committee's charter and the procedures set forth in this part.
( d ) The Chairman may appoint temporary informal subgroups from among the members to perform such services as assisting the Committee or the Chairman by gathering technical information or for suggesting schedules, plans, agenda, terms or methods of operation.
§ 1430.7 Application of the Freedom of Information Act to advisory committee functions. ( a ) Subject to 5 U.S.C. 552, the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents which are made available to or are prepared for or by an advisory committee shall be available to the public.
( b ) Advisory committee meeting conducted in accordance with § 1430.7 may be closed to the public when discussing a matter that is of a 5 U.S.C. 552(b) nature, whether or not the discussion centers on a written document.
( c ) No record, report, or other document prepared for or by an advisory committee may be withheld from the public unless the Office of the General Counsel determines that the document is properly within the exemptions of 5 U.S.C. 552(b). No committee meeting, or portion thereof, may be closed to the public unless the Office of the General Counsel determines in writing, prior to publication of the meeting in the Federal Register that such a closing is within the exemptions of 5 U.S.C. 552(b).
EXHIBIT 32.1 -- CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND ACTING CHIEF
FINANCIAL OFFICER OF FIRST CAPITAL INTERNATIONAL, INC., PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 AND SECTION 1350 OF 18 U.S.C. 63.


I, Alex Genin, the Chief Executive Officer and Acting Chief Financial Officer of
First  Capital  International,  Inc.  hereby  certify  that  First  Capital
International, Inc.'s periodic report on Form 10QSB and the financial statements
contained therein fully complies with the requirements of Section 13(a) or 15(d)
of  the  Securities  Exchange  Act  of  1934  (15  U.S.C. 78m or 78o(d) and that
information  contained  in  the  periodic report on Form 10QSB and the financial
statements  contained  therein  fairly represents, in all material respects, the
financial  condition  and  results  of  the  operations  of  First  Capital
International,  Inc.


Date: August 14, 2007            /s/ Alex Genin
      ---------------            Chief Executive Officer and
                                 Acting Chief Financial Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6326
SAMUEL LOCKLEAR, Petitioner - Appellant, versus ROBERT E. WARD, Warden; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CA-97-1853-6-20AK) Submitted: April 29, 1998 Decided: May 18, 1998 Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Samuel Locklear, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant filed an untimely notice of appeal. We dismiss for lack of jurisdiction. The time periods for filing notices of appeal are governed by Fed. R. App. P. 4. These periods are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson , 361 U.S. 220, 229 (1960)). Parties to civil actions have thirty days withinwhich to file in the district court notices of appeal from judgments or final orders. Fed. R. App. P. 4(a)(1). The only exceptions to the appeal period are when the district court extends the time to appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). The district court entered its order on January 14, 1998. Appellant's notice of appeal was filed on February 27, 1998, whichis beyond the thirty-day appeal period. Although Appellant is incarcerated, his notice of appeal shows that it was not deposited in the prison mail system on or before the last day for filing. See Fed. R. App. P. 4(c). Appellant's failure to note a timely appeal or obtain an extension of the appeal period leaves this court without jurisdiction to consider the merits of Appellant's appeal. We therefore deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
§ 18.53 Supplementing disclosures and responses. ( a ) *In general.* A party who has made a disclosure under § 18.50(c)—or who has responded to an interrogatory, request for production, or request for admission—must supplement or correct its disclosure or response: ( 1 ) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or
( 2 ) As ordered by the judge.
( b ) *Expert witness.* For an expert whose report must be disclosed under § 18.50(c)(2)(ii), the party's duty to supplement extends both to information included in the report and to information given during the expert's deposition. Any additions or changes to this information must be disclosed by the time the party's prehearing disclosures under § 18.50(c)(3) are due.
[80 FR 28785, May 19, 2015, as amended at 80 FR 37540, July 1, 2015]
[No. 27586-4-II.

Division Two.

December 31, 2002.]

#### Douglas Piete, *Appellant,*v. Thomas Myers, et al., *Respondents.*

Appeal from a judgment of the Superior Court for Kitsap County, No. 98-2-02302-5, Anna M. Laurie, J., entered July 12, 2001. *Affirmed*by unpublished opinion per QuinnBrintnall, J., concurred in by Hunt, C.J., and Morgan, J.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Tennessee Valley Authority

# AGENCY HOLDING THE MEETING:

Tennessee Valley Authority (Meeting No. 1519)

# Time and Date:

9 am (CDT), May 11, 2000.

# Place:

Adam's Mark Memphis Hotel, Tennessee A Room, 939 Ridge lake Boulevard, Memphis, Tennessee.

# Status:

Open.

## Agenda

                    Approval of minutes of meeting held on April 19, 2000.                          ( print page 26871)    

### New Business 

#### C—Energy 

C1. Contract with General Electric Company for the manufacture and turnkey installation of new combined-cycle power plant and cogeneration projects for 2003.

C2. Supplement to indefinite quantity Contract No. 00P61-259355-001 with Thomas & Betts Corporation for transmission and substation steel components and structures.

#### E—Real Property Transactions

E1. Grant of a permanent easement for a road to the City of Decatur, Alabama, affecting approximately 2.2 acres of land on Wheeler Reservoir in Morgan County, Alabama (Tract No. XTWR-111H).

E2. Grant of a permanent easement for a highway improvement project to the Tennessee Department of Transportation, affecting approximately 3.1 acres of land on Norris Reservoir in Union County, Tennessee (Tract No. XTNR-112H).

####  Information Items

1. Approval for TVA to pay the first year of membership dues in the TVA Retirees Association for TVA retirees.

For more information: Please call TVA Public Relations at (423-632-6000, Knoxville, Tennessee. Information is also available at TVA's Washington Office (202) 898-2999. People who plan to attend the meeting and have special needs should call (865) 632-6000.

Dated: May 4, 2000.

Edward S. Christenbury,

General Counsel and Secretary.

[FR Doc. 00-11673 Filed 5-5-00; 2:08 pm]

BILLING CODE 8120-08-M
§ 1472.400 What are my responsibilities as a(n) FMCS awarding official? As a(n) FMCS awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in— ( a ) Subpart B of this part, if the recipient is not an individual; or
( b ) Subpart C of this part, if the recipient is an individual.
#### In the Matter of Margaret Neulander, Appellant, against Board of Examiners of Board of Education of City of New York et al., Respondents.

Argued April 21, 1937;

decided May 25, 1937.

*Osmond K. Fraenkel*for appellant.

*Paul Windels, Corporation Counsel (Edmund L. Palmieri, Paxton Blair*and *Cyrus C. Perry*of counsel), for respondents.

Order affirmed, without costs, on authority of *Matter of Sloat*v. *Board of Examiners*(274 N. Y. 367). No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
§ 1910.176 Handling materials—general. ( a ) *Use of mechanical equipment.* Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept clear and in good repair, with no obstruction across or in aisles that could create a hazard. Permanent aisles and passageways shall be appropriately marked.
( b ) *Secure storage.* Storage of material shall not create a hazard. Bags, containers, bundles, etc., stored in tiers shall be stacked, blocked, interlocked and limited in height so that they are stable and secure against sliding or collapse.
( c ) *Housekeeping.* Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control will be exercised when necessary.
( d ) [Reserved]
( e ) *Clearance limits.* Clearance signs to warn of clearance limits shall be provided.
( f ) *Rolling railroad cars.* Derail and/or bumper blocks shall be provided on spur railroad tracks where a rolling car could contact other cars being worked, enter a building, work or traffic area.
( g ) *Guarding.* Covers and/or guardrails shall be provided to protect personnel from the hazards of open pits, tanks, vats, ditches, etc.
[39 FR 23052, June 27, 1974, as amended at 43 FR 49749, Oct. 24, 1978]
EXHIBIT
32.1
 
 CERTIFICATION
 
 Pursuant
to Section 906 of the Public Company Accounting Reform and Investor Protection
Act of 2003 (18 U.S.C.ss. 1350, as adopted), I, Dianne Hatton-Ward, Chief
Executive Officer and  Chief Financial Officer of the Company, hereby
certifiy that, to the best of his or her knowledge:
 
 1.
The Company's Quarterly Report on Form 10-QSB for the period ended June 30,
2008, and to which this Certification is attached as Exhibit 32.1 (the "PERIODIC
REPORT") fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and
 
 2.
The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.
 
 Dated:
July 29, 2008
 
 
 S/ Dianne
Hatton-Ward
 Dianne
Hatton-Ward
 CEO &
CFO
 
 A signed
original of this written statement required by Section 906 has been provided to
Yummies, Inc. and will be retained by Yummies, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request
 
 
 THIS
CERTIFICATION ACCOMPANIES THIS REPORT PURSUANT TO SS. 906 OF THE SARBANES-OXLEY
ACT OF 2004 AND SHALL NOT BE DEEMED "FILED" BY THE COMPANY FOR PURPOSES OF
SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Notices]
[Pages 30667-30668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11967]


=======================================================================
-----------------------------------------------------------------------

TENNESSEE VALLEY AUTHORITY


Paperwork Reduction Act of 1995, as amended by Pub. L. 104-13; 
Submission for Office of Management and Budget (OMB) Review; Comment 
Request

AGENCY: Tennessee Valley Authority.

ACTION: Submission for Office of Management and Budget (OMB) Review; 
comment request.

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

SUMMARY: The proposed information collection described below will be 
submitted to the Office of Management and Budget (OMB) for review, as 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, 
as amended). The Tennessee Valley Authority is soliciting public 
comments on this proposed collection as provided by 5 CFR Section 
1320.8(d)(1). Requests for information, including copies of the 
information collection proposed and supporting documentation, should be 
directed to the Agency Clearance Officer: Wilma H. McCauley, Tennessee 
Valley Authority, 1101 Market Street (EB 5B),

[[Page 30668]]

Chattanooga, Tennessee 37402-2801; (423) 751-2523.
    Comments should be sent to OMB Office of Information and Regulatory 
Affairs, Attention: Desk Officer for Tennessee Valley Authority no 
later than June 12, 2000.

SUPPLEMENTARY INFORMATION:
    Type of Request: Regular submission, proposal to reinstate, with 
change, a previously approved collection for which approval has 
expired.
    Title of Information Collection: Farmer Questionnaire-Vicinity of 
Nuclear Power Plants.
    Frequency of Use: On occasion.
    Type of Affected Public: Individuals or households, and farms.
    Small Businesses or Organizations Affected: No.
    Federal Budget Functional Category Code: 271.
    Estimated Number of Annual Responses: 150.
    Estimated Total Annual Burden Hours: 40.
    Estimated Average Burden Hours Per Response: 0.25.
    Need For and Use of Information: This survey is used to locate, for 
monitoring purposes, rural residents, home gardens, and milk animals 
within a five mile radius of a nuclear power plant. The monitoring 
program is a mandatory requirement of the Nuclear Regulatory Commission 
set out in the technical specifications when the plants were licensed.

Jacklyn J. Stephenson,
Senior Manager, Enterprise Operations, Information Services.
[FR Doc. 00-11967 Filed 5-11-00; 8:45 am]
BILLING CODE 8120-08-P
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4705

_____________________________

GIOVANNI VELEZ ,

Petitioner,

v.

MARK S. INCH, Secretary,

Florida Department of 

Corrections,

Respondent.

_____________________________

Petition for Writ of Certiorari—Original Jurisdiction.

February 25, 2019

PER CURIAM.

The petition for writ of certiorari is denied on the merits.

WOLF, OSTERHAUS, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Giovanni Velez, pro se, Petitioner.

Kenneth S. Steely, General Counsel, and Gayla Grant, Assistant 

General Counsel, Florida Department of Corrections, 

Tallahassee, for Respondent.