alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1



 Exhibit 10.1 

AMENDMENT NO. 9 TO SECOND AMENDED AND RESTATED 
 CREDIT AGREEMENT 
 THIS AMENDMENT, dated as of June 28, 2012,
by and between Manitex International, Inc., a Michigan corporation formerly known as Veri-Tek International, Corp., and Manitex, Inc., a Texas corporation (the “Companies”, and individually a “Company”), and Comerica Bank, a
Texas banking association, of Detroit, Michigan (“Bank”). 
 WITNESSETH: 

WHEREAS, Companies and Bank entered into that certain Second Amended and Restated Credit Agreement dated April 11, 2007, as amended
(the “Agreement”); and 
 WHEREAS, Companies and Bank wish to amend the Agreement; 

NOW, THEREFORE, Companies and Bank agree as follows: 
 1. Section 9.6 of the Agreement is amended to read as follows: 
 “Make or
allow to remain outstanding any investment (whether such investment shall be of the character of investment in shares of stock, evidence of indebtedness or other securities or otherwise) in, or any loans or advances to, any Person, except for
advances to CVS or to any other wholly-owned foreign Subsidiary in an amount not to exceed the following in the aggregate at any time outstanding during the periods specified below: 

 

					
	 06/28/12 – 08/01/12

 
	 	 $4,000,000

 
	  	
	 08/02/12 and thereafter

 
	 	 $3,000,000”

 
	  	

 2. This Amendment may be executed in counterparts, of which this is one, all of which shall constitute
one and the same instrument. 
 3. Except as modified hereby, all of the terms and conditions of the Agreement shall remain in
full force and effect. Capitalized terms used but not defined herein shall have the meanings given them in the Agreement. 
 4.
Each Company hereby represents and warrants that, after giving effect to the amendment contained herein, (a) execution, delivery and performance of this Amendment and any other documents and instruments required under this Amendment or the
Agreement are within such Company’s corporate powers, have been duly authorized, are not in contravention of law or the terms of such Company’s Articles of Incorporation or Bylaws, and do not require the








 
consent or approval of any governmental body, agency, or authority; and this Amendment and any other documents and instruments required under this Amendment or the Agreement, will be valid and
binding in accordance with their terms; (b) the continuing representations and warranties of such Company set forth in Sections 7.1 through 7.15 of the Agreement are true and correct on and as of the date hereof with the same force and effect
as if made on and as of the date hereof; (c) no Default or Event of Default has occurred and is continuing as of the date hereof. 
 5. This Amendment shall be effective upon execution by Companies and Bank. 

WITNESS the due execution hereof as of the day and year first above written. 

 

									
	BANK:	 		 	COMPANIES:
		 		 	
	COMERICA BANK	 		 	MANITEX INTERNATIONAL, INC.
					
	By:	 	/s/ James Q. Goudie III	 		 	By:	 	/s/ David H. Gransee
	Its:	 	VP & AGM	 		 	Its:	 	VP and CFO
		 		 	  
  
 MANITEX, INC.

					
		 		 		 	By:	 	/s/ David H. Gransee
		 		 		 	Its:	 	VP and CFO


  
 2
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-22671-CIV-ALTONAGA/Torres

DELIO BATISTA, et al.,

Plaintiffs, 

v.

AVANT ASSURANCE INC., et al.,

Defendants.

_______________________________/

ORDER

THIS CAUSE came before the Court upon Defendants’ Motion for Leave to Allow 

Electric Equipment in the Courtroom for Use During Each Day of Trial [ECF No. 89]. Being 

fully advised, it is

ORDERED AND ADJUDGED that the Motion is GRANTED. The following

individuals are permitted to bring the designated electronic equipment into the courtroom for 

each day of the trial, which commences on July 10, 2023:

Owner Electronic Equipment

Daniel E. Tropp, Esq. Cell Phone with charging cord;

Laptop with charging cord; Portable 

Printer

Santiago Cueto, Esq. Cellular Phone with charging cord 

Laptop with charging cord

Reinier Cortes Cellular Phone with charging cord

Andrea Gonzalez Quintero Cellular Phone with charging cord

Case 1:22-cv-22671-CMA Document 90 Entered on FLSD Docket 07/05/2023 Page 1 of 2
CASE NO. 22-22671-CIV-ALTONAGA

2

DONE AND ORDERED in Miami, Florida, this 5th day of July, 2023.

 _______________________________________

 CECILIA M. ALTONAGA

 CHIEF UNITED STATES DISTRICT JUDGE

cc: counsel of record 

Case 1:22-cv-22671-CMA Document 90 Entered on FLSD Docket 07/05/2023 Page 2 of 2
§ 207.350 St. Croix River, Wis. and Minn. ( a ) *Logging regulations for river above Lake St. Croix.* ( 1 ) During the season of navigation from May 1 to September 30, the full natural run of water in the river shall be permitted to flow between 1 a.m. on Thursday and 4 p.m. on Sunday of each week, and during the time between 1 p.m. on Wednesday and 4 p.m. on Sunday of each week no logs shall be sluiced into the river between St. Croix Falls, Wis., and Stillwater, Minn.
( 2 ) Except during the period above mentioned, the parties engaged in handling logs upon the river shall have the right to sluice, drive, and float loose logs and to regulate the flow of water in the river as may best suit their convenience, all reasonable caution being taken to avoid log jams.
( 3 ) This paragraph shall remain in force until modified or rescinded. (Act of May 9, 1900, 31 Stat. 172; 33 U.S.C. 410)
( b ) *Power dam at Taylors Falls.* ( 1 ) That between April 1 and October 31, whenever the natural river flow exceeds 1,600 feet per second, the reduced flow shall be not less than 1,600 feet per second, and that whenever the natural flow be less than 1,600 feet per second, then the reduced flow shall not be less than such natural flow: *Provided,* That the District Engineer in charge of the locality may vary these requirements temporarily, as the interests of navigation, in his judgment, require, prompt report of his action in such instances to be made to the Chief of Engineers.
( 2 ) The Northern States Power Co. shall establish automatic water-stage recorders of a type approved by the district engineer at the following localities: ( i ) On the Nevers Pond near the dam.
( ii ) On the St. Croix hydroplant pond near the dam.
( iii ) On the St. Croix hydroplant tailrace.
( iv ) On the St. Croix River near Osceola.
( v ) On the St. Croix River near Marine.
( 3 ) The gages are to be installed and maintained by the Northern States Power Co. in a manner satisfactory to the District Engineer, but their operation and inspection is to be under the sole direction of the District Engineer, who will retain the original records, furnishing the Northern States Power Co. with duplicates of the gage records.
[Regs., Apr. 20, 1907, Apr. 10, 1931, as amended at 25 FR 8908, Sept. 16, 1960]
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA

ANDRES GOMEZ,

 Plaintiff Case Number: 1:22-cv-22983-RNS

V.

DORAL FAMILY DENTAL P.L.

Defendant

________________________________/

NOTICE OF DISMISSAL WITH PREJUDICE

Plaintiff, pursuant to FRCP 41(a)(1)(A)(i) hereby gives this Honorable Court notice of

dismissal of this action with prejudice and, unless otherwise agreed, each party shall bear their own 

attorney’s fees and costs.

Respectfully submitted,

Dated: October 19, 2022 / s / A l b e r t o R . L e al . 

Alberto R. Leal, Esq., P.A.

Florida Bar No.: 1002345

E-Mail: albertolealesq@gmail.com

Phone: 954-637-1868

Case 1:22-cv-22983-RNS Document 10 Entered on FLSD Docket 10/19/2022 Page 1 of 1
# A-9 Money amt-%
Argued and submitted July 10,

affirmed September 16, 1992

#### STATE OF OREGON, *Respondent, v.*MATTHEW SCOTT CARLSON, *Appellant.*

(90-1809; CA A69283)

836 P2d 1378

Richard L. Wolf, Oregon City, argued the cause and filed the brief for appellant.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.

PER CURIAM

Affirmed. *State v. Lazaro,*113 Or App 330, 832 P2d 1259 (1992).
§ 183.552 Plastic encased fuel tanks: Installation. ( a ) Each fuel tank encased in cellular plastic foam or in fiber reinforced plastic must have the connections, fittings, and labels accessible for inspection and maintenance.
( b ) If a metallic fuel tank is encased in cellular plastic or in fiber reinforced plastic, water must not collect between the plastic and the surface of the tank or be held against the tank by capillary action.
( c ) If the plastic is bonded to the surface of a metallic fuel tank, the adhesive strength of the metal to the plastic bond must exceed the cohesive strength of the plastic.
#### § 401.21 Requirements for U.S. waters of the St. Lawrence Seaway.

In addition to the requirements set forth elsewhere in these Regulations, vessels transiting the U.S. waters of the St. Lawrence Seaway are subject to the requirements set out in Schedule I.

(68 Stat. 93-96, 33 U.S.C. 981-990, as amended and secs. 4, 5, 6, 7, 8, 12 and 13 of sec. 2 of Pub. L. 95-474, 92 Stat. 1471)

[45 FR 52378, Aug. 7, 1980]
1

Filed 8/22/14 P. v. Soliz CA3
NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE,

Plaintiff and Respondent,

v.

HENRY FRANCISCO SOLIZ,

Defendant and Appellant. C075448

(Super. Ct. No. 12F01442)

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 ( Wende ).

On February 26 , 2012 , defendant Henry Francisco Soliz argued with the victim

Dennis Wanstreet about comments the victim had made to defendant’s girlfriend

.

D efendant pulled out a knife and sl ashed the victim’s face, cutting him through

- and

through, from his ear to his chin

, which required over 60 stitches. Defendant told the

victim that he (defe ndant) was a “gangster” and threatened to cut the victim’s throat. The

victim then moved away from defendant, fearing he would be cut again.2

Defendant entered a no contest plea to assault with a deadly weapon (Pen. Code,

§ 245, subd. (a)(1)) 1 and making criminal threats ( § 422) and admitted personally

inflicting great bodily injury ( § 12022.7 , subd. (a) ) in exchange for dismissal of the

remaining charge ( aggravated mayhem) a nd enhancement (prior prison term) and a

stipulated state prison sente nc e of seven years eight months. The trial court sentenced

defendant accordingly (upper term of four years for the assault offense, a consecutive

three

- year term for the great bodily injury enhancement, and a consecutive one

- third the

midterm or eight mon ths for criminal threats) and awarded a total of 618 days of

presentence custody credit. 2

Defendant appeals. He did not request a certificate of probable cause

. ( § 1237.5

. )

We appointed counsel to represent defendant on appeal. Counsel filed an openin g

brief that sets forth the facts of the case and requests this court to review the record and

determine whether there are any arguable issues on appeal. ( Wende, supra

, 25 Cal.3d

436.) Defendant was advised by counsel of the right to file a supplemental brief within

30 days of the date of filing of the opening brief. More than 30 days elapsed, and we

received no communication from defendant. Having undertaken an examination of the

entire record, we find no arguable error that would result in a dispositi on more favorable

to defendant.

1 Undesignated statutory references are to the Penal Code.

2 The trial court originally awarded a total of 614 days of presentence custody credit but, upon defense appellate counsel’s request, modified the number of actual days and the

total credit to 61 8 days and issued an amended ab stract of judgment accordingly.3 DISPOSITION

The judgment is affirmed.

BLEASE , J.

We concur:

RAYE , P. J.

MAURO , J.
null

400.4275
Agreement of Termination of the Contract



 


(Translation)


 


Party A: Harbin Tianmu Pharmaceutical Co., Ltd. Inc. (Tongli)





 


Party B: Tonghua Yisheng Pharmaceutical Co., Ltd. Inc. (Yisheng)


 


Due to the manufacture issues of the Yisheng resulting in being
unable to conduct clinical trials of the new product, the Tongli decided to terminate the purchase contract of the product. According
to the negotiation, the Tongli and the Yisheng mutually agreed to discontinue the contract with the following agreements:


 


		1.	According to the current issues of the Yisheng’s product, the Tongli cannot conduct the late stage clinical trials of
“Nafaruilin”, the product that the Tongli purchased from Yisheng. Therefore, the Tongli asked the Yisheng to terminate
all of the clinical trials of the product before June 15th, 2012.



 


		2.	The Yisheng will repay 22 million Renminbi yuan (¥22,000,000) of the advance payment to the Tongli. The due dates and amounts
of the repayments are:



 


		1)	Five million (¥5,000,000) Renminbi yuan, before August 30th, 2012.



 


		2)	Six million (¥6,000,000) Renminbi yuan, before November 30th, 2012.



 


		3)	Eight million (¥8,000,000) Renminbi yuan, before February 28th, 2013.



 


		4)	Three million (¥3,000,000) Renminbi yuan, before May 30th, 2013.



 


		3.	The Yisheng will completely settle all of the costs that the Tongli spent on the clinical trials by the end of 2013.



 


		4.	In case the Yisheng does not repay all of the advance payment to the Tongli by the agreed dates described in item 1 above,
the Tongli has the right to settle the Yisheng’s existing products which will be assigned to compensate for the remaining
unpaid advance payment. Or the Tongli gets compensation for the remaining unpaid advance payment with the Yisheng’s fixed
assets.



 


		5.	In case any issues appear in the mean time, the Tongli and Yisheng will negotiate and make supplementary agreements.



 


		6.	The Tongli has the responsibility to return all of the clinical data of Nafaruilin generated in the later period of clinical
trials to the Yisheng. The Tongli agrees not to release and plagiarize all of the clinical data of Nafaruilin generated during
the later period of clinical trials. In case the Tongli breaks the agreement, the Tongli has to compensate twenty percent (20%)
of the repayment to the Yisheng.




    	 



    	 



    

 


		7.	This Agreement is in two (2) copies and will become effective being sealed by the parties, the Tongli and Yisheng. Each of
the parties will keep one of the original copies of the Agreement. In case any legal disputes, the parties will appeal the opposite
party in a court located in the suitor’s region.



 


Party A (Harbin Tianmu): Sealed


 


Party B (Tonghua Yisheng): Sealed


 


	 	Date of the Agreement sealed: June 6th, 2012.
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-81429-CIV-CANNON

DANIEL LUGO, 

 

Plaintiff, 

v. 

 

OCEAN UNITS, LLC, 

 

 Defendant. 

_______________________/ 

JOINT NOTICE OF SETTLEMENT 

The parties, by and through their undersigned counsel, hereby inform the Court that this 

action has been resolved.    

s/Drew M. Levitt 

DREW M. LEVITT 

Florida Bar No. 782246 

drewmlevitt@gmail.com 

Lee D. Sarkin 

Florida Bar No. 962848 

lsarkin@aol.com 

4700 N.W. Boca Raton Boulevard 

Suite 302 

Boca Raton, Florida 33431 

Telephone (561) 994-6922 

Attorneys for Plaintiff

s/William E. Calnan 

WILLIAM E. CALNAN 

Florida Bar No. 938785 

wcalnan@tarichlaw.com 

THE TARICH LAW FIRM, P.A. 

1946 Tyler Street 

Hollywood, Florida 33020 

Telephone (305) 503-5095 

Attorneys for Defendant 

Case 9:22-cv-81429-AMC Document 7 Entered on FLSD Docket 11/02/2022 Page 1 of 1
1. The Registrant's amendment to the Annual Report on Form 10-K for the period ended October 31, 2017 (the "Form 10-K") 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 Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
 
    
 /s/ Michael TokarzMichael Tokarz 
  
  
 1. The Registrant's amendment to the Annual Report on Form 10-K for the period ended October 31, 2017 (the "Form 10-K") 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 Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
 
     /s/ Scott SchuenkeScott Schuenke
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 686 Agreed to Senate (ATS)]

110th CONGRESS
  2d Session
S. RES. 686

                To authorize the production of records.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

   Mr. Reid (for himself and Mr. McConnell) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
                To authorize the production of records.

Whereas the United States Department of Justice is conducting an investigation 
        into improper activities by lobbyists and related matters;
Whereas the Office of Senator Christopher S. Bond has received a request for 
        records from the Department of Justice for use in the investigation of a 
        former employee;
Whereas, by the privileges of the Senate of the United States and rule XI of the 
        Standing Rules of the Senate, no evidence under the control or in the 
        possession of the Senate can, by administrative or judicial process, be 
        taken from such control or possession but by permission of the Senate; 
        and
Whereas, when it appears that evidence under the control or in the possession of 
        the Senate is needed for the promotion of justice, the Senate will take 
        such action as will promote the ends of justice consistent with the 
        privileges of the Senate: Now, therefore, be it
    Resolved, That the Office of Senator Christopher S. Bond is 
authorized to provide to the United States Department of Justice 
records requested for use in legal and investigatory proceedings, 
except where a privilege should be asserted.
                                 <all>
```
#### THOMAS D. PENFIELD, Respondent, *v.*SARAH JAMES AND OTHERS.

This is an appeal from an order made by Justice Donohue, on the 19th day of December, 1874, requiring Charles A. Seavey to complete his purchase on a sale made in this action, under the judgment of foreclosure herein.' The purchase by Seavey was at a second sale ordered in consequence of the failure of first buyer to complete his purchase.

The court was of opinion that most of the points and objections raised by Seavey had already been decided on an appeal taken by the first purchaser, and affirmed the order with ten dollars costs and disbursements. [The decision of the appeal taken by the first purchaser will be found *ante,*page 69.]

*Isaac L. Egbert,*for the appellant.

*Cyrus Lawton,*for the respondent.

Opinion by

Brady, J.

Davis, P. J., and Daniels, J., concurred.

Order affirmed, with ten dollars costs and disbursements.
Take notice that on January 10, 2000, Panhandle Eastern Pipe Line Company (Panhandle) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the tariff sheets listed on Appendix A attached to the filing, to be effective February 10, 2000.

Panhandle states that the purpose of this filing, made in accordance with the provisions of Section 154.202 of the Commission's Regulations, is to implement Rate Schedule HFT for Hourly Firm Transportation service pursuant to Panhandle's blanket certificate authorization under Section 284.221 of the Commission's Regulations. Rate Schedule HFT is designed to serve the needs of electric generation customers and other shippers that require greater delivery flexibility within the gas day than other rate schedules provide.

Panhandle states that copies of this filing are being served on all affected customers and applicable state regulatory agencies.

                    Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public                     Start Printed Page 3440                    inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc. fed.us/online/rims.htm (call 202-208-2222 for assistance).                

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00-1432 Filed 1-20-00;8:45am]

BILLING CODE 6717-01-M
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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:****Indiana timber industry, anassessment of timber product output and use**
 
1987 | 1990 | 1995 | 1998 | 2000 | 2005 | 2008
 
SuDoc Number:A 13.80/13:
Item Number:0083-B-22 (online)
CGP systemNumber:000645614
 
December 12, 2019
<PAGE>


Exhibit 32

                                  CERTIFICATION

Pursuant to Section 906 of the Public Company Accounting Reform and Investor
Protection Act of 2002 (18 U.S.C.ss.1350, as adopted), Michael J. Caputo,
interim President, Principal Executive and Financial Officer of NESCO
Industries, Inc. (the "Company"), hereby certifies that, to the best of his
knowledge:

1.       The Company's Annual Report on Form 10-KSB for the period ended April
         30, 2003, and to which this Certification is attached as Exhibit 99
         (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:  September 2, 2003         By: /s/ Michael J. Caputo
                                      ---------------------
                                      Michael J. Caputo
                                      President
                                     (Principal Executive and Financial Officer)