alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.4





 Exhibit 4.4 

NOTE 
 November 5, 2019

 FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to SUNTRUST BANK or registered assigns (the
“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to the Borrower under that certain Fourth Amended and Restated Credit
Agreement, dated as of November 5, 2019 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among
the Borrower, the Guarantors party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent. 

The Borrower promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such principal amount is
paid in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest shall be made to the Administrative Agent for the account of the Lender in Dollars in immediately available funds at the
Administrative Agent’s Office. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after
judgment) computed at the per annum rate set forth in the Agreement. 
 This Note is one of the Notes referred to in the Agreement, is
entitled to the benefits thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. Upon the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then
remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement. Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the
ordinary course of business. The Lender may also attach schedules to this Note and endorse thereon the date, amount and maturity of its Loans and payments with respect thereto. 

The Borrower, for itself, its successors and assigns, hereby waives diligence, presentment, protest and demand and notice of protest, demand,
dishonor and non-payment of this Note except to the extent as may otherwise be expressly set forth in the Agreement. 

Delivery of an executed counterpart of a signature page of this Note by fax transmission or other electronic mail transmission (e.g.
“pdf” or “tif”) shall be effective as delivery of a manually executed counterpart of this Note. 
 [SIGNATURE PAGE
FOLLOWS] 












 THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH
OF VIRGINIA. 
  

			
	 TREX COMPANY, INC.,
 a Delaware
corporation

		
	By:	 	 /s/ Bryan H. Fairbanks

	Name:	 	Bryan H. Fairbanks
	Title:	 	Executive Vice President and
		 	Chief Financial Officer


 TREX COMPANY, INC. 

NOTE
I

106TH CONGRESS

1ST SESSION H. R. 484

To direct the United States Sentencing Commission to provide penalty

enhancements for drug offenses committed in the presence of children.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1999

Mr. NETHERCUTT introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To direct the United States Sentencing Commission to provide penalty enhancements for drug offenses committed

in the presence of children.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Save Our Children Act

5 of 1999’’.

6 SEC. 2. GUIDELINES.

7 The United States Sentencing Commission shall

8 amend or promulgate sentencing guidelines no later than

9 120 days after the date of enactment of this Act to provide

10 that an offense under part D of the Controlled Substances
2

•HR 484 IH

1 Act which is committed in the presence of a child receives

2 a penalty enhancement. The Sentencing Guidelines, as so

3 amended or promulgated, shall reflect a minimum 2 of4 fense levels greater than the offense level for the underly5 ing offense or one year, whichever is greater, and in the

6 case of a second such offense, not less than 4 offense levels

7 greater or 2 years than the offense level, whichever is

8 higher, for the underlying offense.

9 SEC. 3. DEFINITION.

10 For the purposes of this Act, an offense is in the

11 presence of a child if—

12 (1) it takes place in the line of sight of an indi13 vidual who has not attained the age of 18 years; or

14 (2) an individual who has not attained the age

15 of 18 years habitually resides in the place where the

16 violation occurs.

Æ
PRICEWATERHOUSECOOPERS (LOGO)

PricewaterhouseCoopers LLP
650 Third Avenue South
Park Building
Suite 1300
Minneapolis MN 55402-4333
Telephone (612) 596 6000
Facsimile (612) 373 7160

Report of Independent Accountants

February 29, 2000

To the Board of Directors of
Irwin Financial Corporation:

We  have  examined   management's   assertion   about  Irwin  Home  Equity's  (a
majority-owned  subsidiary of Irwin Financial  Corporation)  compliance with the
minimum servicing  standards  identified in the Mortgage Bankers  Association of
America's Uniform Single Attestation Program for Mortgage Bankers ("USAP") as of
and for the year ended December 31,1999 included in the accompanying  management
assertion.  Management is responsible  for Irwin Home Equity's  compliance  with
those minimum servicing  standards.  Our responsibility is to express an opinion
on  management's   assertion  about  the  entity's   compliance   based  on  our
examination.

Our  examination  was  made in  accordance  with  standards  established  by the
American  Institute of Certified Public Accountants and,  accordingly,  included
examining,  on a test basis,  evidence about Irwin Home Equity's compliance with
the minimum  servicing  standards  and  performing  such other  procedures as we
considered  necessary  in the  circumstances.  We believe  that our  examination
provides a reasonable basis for our opinion.  Our examination does not provide a
legal determination on Irwin Home Equity's compliance with the minimum servicing
standards.

In our opinion,  management's assertion that Irwin Home Equity complied with the
aforementioned minimum servicing standards as of and for the year ended December
31, 1999 is fairly stated, in all material respects.

PricewaterhouseCoopers LLP
§ 954.18 Proposed findings and conclusions. ( a ) A party to a proceeding may submit proposed findings of fact and conclusions of law to the presiding officer. The presiding officer shall determine whether they shall be oral or written. The presiding officer may require parties to a proceeding to submit proposed findings of fact and conclusions of law with supporting reasons. When the proposed findings and conclusions are not submitted orally they shall be filed within 15 days after delivery of the official transcript to the Recorder. The Recorder shall notify the parties of the filing date which shall be the same for both parties. If not submitted by that date, the findings and conclusions will not be considered or included in the record.
( b ) Except when presented orally, proposed findings of fact and conclusions of law shall be set forth in numbered paragraphs and shall state with particularity all evidentiary facts in the record with appropriate citations to the transcript or exhibits relied upon to support the conclusions proposed. Each proposed conclusion shall be separately stated.
[36 FR 11567, June 16, 1971, as amended at 62 FR 66998, Dec. 23, 1997]
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. ANH TUAN NGUYEN, AKA Andrew Nguyen,
Defendant

- Appellant. No. 19

- 50264
D.C. No. 2:17

- cr - 00437

- ODW

- 2

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Otis D. Wright , II, District Judge, Presiding
Submitted December 2 , 2020 * *

Before: WALLACE , CLIFTON , and BRESS , Circuit Judges

. Anh Tuan Nguyen appeals from the district court’s judgment and challenges
the 30

- month sentence imposed following his guilty

- plea conviction for conspiracy
to commit wire fraud in violation of 18 U.S.C. § 1349, aiding and abetting wire
fraud in violation of 18 U.S.C. § § 2(a) and 1343, and aiding and abetting the use of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

DEC 8 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 19

- 50264

unauthorized access devices in violation of 18 U.S.C. § § 2(a) and 1029 (a)(2)

. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Nguyen argues that the district court procedurally erred by failing to
consider or explain the disparity between his custodial sentence and his co defendant ’s non

- custodial sentence . We review for plain error , see United States v.
Valencia

- Barragan , 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there
is none. The record reflects that the district court expressly considered the need to avoid unwarranted sentencing disparities under 18 U.S.C. § 3553(a)(6), heard and
consider ed Nguyen’s argument s in favor of a lower sentence , and adequately explained its determination that the below

- Guidelines sentence was warranted in
this case

. See United States v. Carty , 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Nguyen also contends t hat the sentence is substantively unreasonable. The
district court did not abuse its discretion. See Gall v. United States , 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the t otality of the circumstances. See Gall , 552
U.S. at 51

. Nguyen has not shown that the disparity between his sentence and that
of his co - defendant is unwarranted. See United States v. Carter , 560 F.3d 1107, 1121 (9th Cir. 2009) (no unwarranted sentencing disparity where defendants are not similarly situated)

. AFFIRMED.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:22-CV-61553-DIMITROULEAS/HUNT

CRUZ VALDIVIESO FIGUERA,

Plaintiff,

vs.

ALL VIP CARE INC. AND 

LIZ VELAZQUEZ MCKINNON,

Defendants.

______________________________/

ORDER GRANTING PLAINTIFF’S AMENDED NUNC PRO TUNC MOTION FOR 

EXTENSION OF TIME TO FILE MOTION FOR PARTIAL SUMMARY JUDGMENT 

AND STATEMENT OF MATERIAL FACTS

THIS CAUSE came before the Court on Amended Nunc Pro Tunc Motion For Extension Of 

Time To File Motion For Partial Summary Judgment And Statement Of Material Facts

(“Motion”). Having reviewed the motion, and being otherwise duly advised in the premises, it is 

hereby ORDERED that same is: GRANTED.

DONE AND ORDERED in Ft. Lauderdale, Florida, this ___ day of July, 2023.

___________________________________

WILLIAM P. DIMITROULEAS

United States District Judge

cc: Counsel of record by CM/ECF

Case 0:22-cv-61553-WPD Document 69-1 Entered on FLSD Docket 07/20/2023 Page 1 of 1
#### § 776.3 Definitions.

*Construction* means construction, alterations, renovations, and expansions of buildings, structures and improvements.

*Contending site* means a site or existing building for a proposed postal facility action, which meets the requirements of the Postal Service as determined by the operations organization.

*Facility* means any building, appurtenant structures, or associated infrastructure.

*Floodplain* means the lowland and relatively flat areas adjoining inland and coastal waters including flood-prone areas of offshore islands, including, at a minimum, that area subject to a one percent or greater chance of flooding in any given year (also known as a 100-year floodplain).

*Practicable* means capable of being accomplished within existing constraints. The test of what is practicable depends on the situation and includes consideration of many factors, such as environment, cost, technology, implementation time, and postal operational needs.

*Preferred* area means the specific geographical area proposed for a new postal facility, as developed by the operations organization within the Postal Service. A preferred area's boundaries are unique for each proposed facility based on the operational and customer service needs of the Postal Service.

*Preferred site* means the most advantageous site for a proposed facility, taking into consideration postal operational and customer service needs, cost, and availability, as determined by the operations organization within the Postal Service.

*Wetlands* means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP00-314-000]

Take notice that on May 31, 2000, Discovery Gas Transmission LLC (Discovery) filed a Request for Waiver of section 284.12(c)(3) of the Commission's regulations with respect to conducting electronic transactions on the public internet. Discovery states that it is a relatively small company whose customers conduct relatively few transactions. It claims that implementation of the services required under this regulation is not warranted and would not be cost effective under the circumstances.

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 on or before June 13, 2000. 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 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. 00-14708  Filed 6-9-00; 8:45 am]

BILLING CODE 6717-01-M
## NOV-18-2010 THU 03 :15 PM DNR RECLAMATION FAX N0 . 8126655041 p'1 P. 02

iQcRfg - -coo 9- c)(

. y% o Indiana Department of Natural Resources U.S . Environmental Protection Agency Mallcade: 530 

### 1200 Pennsylvania Avenue, NW Washington, DC 20460 Mitchell E. Daniels. Jr. . Governor Robert r. Carter, Jr., Director 

# NOV 1 8 2010 Re: Docket ID No. EPA-HQ-RCRA-~2009-0640 

### To Whom

it may Concern; The Indiana Department of Natural Resources (IDNR), Division of Reclamation is the regulatory authority for coat mining in the state of Indiana and implements the Indiana Abandoned Coal Mine Program . We are providing comments on the proposed rule regarding identification and listing of special wastes and disposal of coal combustion residuals (CCRs) from electric utilities, docket ID No: EPA HQ-RCRA-2009-0640, published on June 21, 2010, in Federal Register Volume 75, No: 118. We believe the Surface Mine Control and Reclamation Act (SMCRA) provides adequate authority for the adoption of regulations governing the placement of CCRs with respect to both permitted coal mines and abandoned coal mine reclamation projects in order to protect against adverse impacts to public health and the environment . We support and encourage continued evolution of regulatory undertakings by the federal SMCRAauthority, the U.S. Department of Interior's Office of Surface Mining as the proper federal oversight authority of this matter at coal related sites. 

### We concur with and support the October 22, 2010comments of the Indiana Department of Environmental Management on this rulemaklng endeavor . specifically, we do not believe regulation as a Subtitle Cwaste is necessary and base thls statement upon thousands of constituent analyses aver two decades Indicating the wastes are notdeserving of such designation. Moreover, we arevery concerned as to the possible "stigma" effect expressed in this letter should a Subtitle Cdesignation occur. The placement of CCRs in coal minesis of great importance to Indiana, both froma regulatory perspective and as an opportunity to reclaimactive and abandoned mines. The IDNR has engaged with EPAfor over a decade in seekingappropriate approaches for the regulation of CCRs placed at coal mine sites. We appreciate having had that opportunity and look forward to continued dialog on this Important matter . Please contact me should you have questions regarding coal mine placement in Indiana. I can be reached at bsr:evens dnr .IN.gov or (812) 665-2207. 

## sincerely, f Bruce A . Stevens, Director Division of Reclamation

An I^qual Qppartunity Employer Printed ori Recycled Paper
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5302 Received in Senate (RDS)]

  2d Session
                                H. R. 5302

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 18 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 AN ACT

 
To designate the United States courthouse located at 1010 Fifth Avenue 
 in Seattle, Washington, as the ``William Kenzo Nakamura United States 
                             Courthouse''.

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

SECTION 1. DESIGNATION.

    The United States courthouse located at 1010 Fifth Avenue in 
Seattle, Washington, shall be known and designated as the ``William 
Kenzo Nakamura United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the building referred to in section 1 
shall be deemed to be a reference to the ``William Kenzo Nakamura 
United States Courthouse''.

            Passed the House of Representatives October 17, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
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Source

★ at 38.90 N 76.65 W Meters AGL
§ 238.9 Local cooperation. ( a ) Cost sharing and other provisions of local cooperation shall be in conformity with applicable regulations for structural and non-structural flood damage reduction measures.
( b ) Responsible non-Federal entities will be required to provide satisfactory assurances that they will adopt, enforce, and adhere to a sound, comprehensive plan for flood plain management for overflow areas of communities involved. To this end, District Engineers will inform HUD, and other concerned Federal and non-Federal planning and governing agencies, of flood plain management services available under Section 206 of the Flood Control Act of 1960, as amended (33 U.S.C. 709a).
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-81074-CIV-CANNON/Reinhart

HOWARD COHAN,

Plaintiff,

v.

COBBLESTONE USA LLC, 

Defendant.

_______________________________/

ORDER CLOSING CASE AND DISMISSING WITH PREJUDICE

THIS CAUSE comes before the Court upon the parties’ Stipulation of Dismissal

[ECF No. 13], filed on March 24, 2023. Pursuant to Rule 41(a)(1)(A)(ii), the Stipulation of 

Dismissal, signed by all parties who have appeared, is self-executing and dismisses the case 

“effective immediately upon filing.” See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 

1277 (11th Cir. 2012). As such, this case is DISMISSED WITH PREJUDICE, effective March 

24, 2023, the date on which the parties filed their Stipulation of Dismissal [ECF No. 13]. 

Accordingly, it is ORDERED AND ADJUDGED as follows:

The Clerk of Court is directed to CLOSE this case.

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 27th day of 

March 2023.

 _________________________________

 AILEEN M. CANNON

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

Case 9:22-cv-81074-AMC Document 14 Entered on FLSD Docket 03/27/2023 Page 1 of 1
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2004**

 

In connection with the Quarterly Report of BallyTechnologies, Inc. (the “Company”) on Form 10-Q for the fiscalquarter ended September 30, 2009, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Richard Haddrill,President and Chief Executive Officer of the Company, certify, pursuant to Section 906of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 that, to myknowledge:

 

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

 

2.               The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.

 

Date:  November 4,2009

 
| /s/Richard Haddrill                    |   |
|----------------------------------------|--------|
| Richard Haddrill                       |   |
| President and Chief  Executive Officer |   |
| (Principal Executive  Officer)         |   |

 

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