alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv4w47



 






ACKNOWLEDGEMENT AND AGREEMENT





	Re:   	Acquisition Agreement dated December 23, 2004 (“Acquisition Agreement”) between Goldcorp
Inc. (“Goldcorp”) and Wheaton River Minerals Ltd. (“Wheaton”)
	 
	Date:   	January 20, 2005







     WHEREAS subsection 7.6(b) of the Acquisition Agreement provides that “provided that Goldcorp
has received all regulatory waivers, consents and approvals that are necessary to permit Goldcorp
to convene the Goldcorp Meeting, and provided further that Goldcorp is not otherwise prohibited
from convening the Goldcorp Meeting, Goldcorp will convene the Goldcorp Meeting prior to February
4, 2005”;



     AND WHEREAS Goldcorp has given notice to the Goldcorp Shareholders (as defined in the
Acquisition Agreement) that the Goldcorp Meeting (as defined in the Acquisition Agreement) will be
held on January 31, 2005 (the “Original Goldcorp Meeting Date”);



     AND WHEREAS section 2.6 of the Acquisition Agreement provides, among other things, that
“[t]he initial Expiry Time will be 12:01 a.m. (Vancouver time) on the 36th calendar day after the
date on which the Offer Documents are mailed to Wheaton Shareholders”;



     AND WHEREAS section 2.8 of the Acquisition Agreement permits the Offeror (as defined in the
Acquisition Agreement) to extend the Expiry Time (as defined in the Acquisition Agreement) in the
circumstances set out in such section 2.8;



     NOW THEREFORE IN CONSIDERATION of the covenants and agreements herein contained and other
good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged),
the parties hereto hereby acknowledge and agree as follows:



1. Wheaton acknowledges and agrees that, on or prior to the Original
Goldcorp Meeting Date, Goldcorp will seek to adjourn or postpone the Goldcorp Meeting
from the Original Goldcorp Meeting Date to February 10, 2005.



2. Wheaton acknowledges and agrees that the Offer (as defined in the
Acquisition Agreement) will be amended or varied by Goldcorp to provide that the initial
Expiry Time will be 5:00 p.m. (Vancouver time) on February 14, 2005.



3. Each of the parties hereto hereby agrees to sign any further documents, or
do any further acts, that may be required to give full effect to the foregoing.





 









 








Page 2.

Acknowledgement and Agreement




4. Except as above provided, each of the parties hereto hereby agrees that the
terms and conditions of the Acquisition Agreement shall remain in full force and effect
unamended and are hereby confirmed in all respects.



     IN WITNESS WHEREOF Goldcorp and Wheaton have caused this Acknowledgement and Agreement
to be executed as of the date first written above by their respective officers thereunto
duly authorized.


	 	 	 	 	 
	 	GOLDCORP INC.

 	 
	 	By:  	            /s/ Robert R. McEwen
 	 
	 	 	Robert R. McEwen 	 
	 	 	Chief Executive Officer 	 
	 
	 	WHEATON RIVER MINERALS LTD. 

 	 
	 	By:  	              /s/ Ian W. Telfer
 	 
	 	 	Ian W. Telfer 	 
	 	 	Chief Executive Officer
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN

STATE FARM MUTUAL 

AUTOMOBILE INSURANCE 

COMPANY, 

 Case No. 2:15-cv-10993 

Plaintiff, District Judge Victoria A. Roberts 

vs. Magistrate Judge Anthony P. Patti 

 

UNIVERSAL REHAB SERVICES, INC., 

PHYSIOFLEX, P.L.L.C., 

SUMMIT MEDICAL GROUP, P.L.L.C., 

DAVID JANKOWSKI, D.O., and 

AHMAD T. ABULABON, P.T., 

Defendants. 

________________________________/ 

ORDER DENYING PACIFIC MARKETING INC. AND GARDEN STATE 

MEDIA INC.’S MOTION TO QUASH SUBPOENA (DE 135)

 Judge Roberts has referred this case to me to conduct all non-dispositive 

pretrial proceedings. (DE 165.) Currently before the Court is the above-described 

motion, which requests that the Court quash the subpoena served on PNC Bank on 

or about October 19, 2016 concerning their accounts. (DE 135.) State Farm has 

filed a response, and the Universal Defendants have filed a notice of joinder / 

concurrence in the motion. (DE 140, DE 141; see also DE 142, DE 143). 

 A hearing was noticed for February 27, 2017, on which date counsel for the 

2:15-cv-10993-VAR-APP Doc # 185 Filed 02/28/17 Pg 1 of 2 Pg ID 6959
2 

parties appeared in my courtroom. (DE 174.)1 Having considered the motion 

papers and oral argument, and for the reasons stated from the bench, which are 

incorporated by this reference as though fully restated herein, Pacific Marketing and 

Garden State Media’s motion to quash (DE 135) is DENIED. Furthermore, the 

Court concludes that Plaintiff has shown a reasonably good basis for the purported 

date range of the subpoena (January 1, 2009 through present). 

IT IS SO ORDERED. 

Dated: February 28, 2017 s/Anthony P. Patti 

Anthony P. Patti 

U.S. MAGISTRATE JUDGE 

I hereby certify that a copy of the foregoing document was sent to parties of record on February 28, 

2017, electronically and/or by U.S. Mail. 

 

s/Michael Williams 

 Case Manager to the 

 Honorable Anthony P. Patti

 

1 Attorneys Kathy P. Josephson (Chicago, Illinois) and David D. O’Brien appeared 

on Plaintiff’s behalf; Gary R. Blumberg and Peter W. Joelson appeared on behalf of 

the Summit Defendants; Gerard V. Mantese appeared on behalf of the Universal 

Defendants; and Richard G. Finch appeared on behalf of Pacific Marketing, Inc. and 

Garden State Media, Inc. 

2:15-cv-10993-VAR-APP Doc # 185 Filed 02/28/17 Pg 2 of 2 Pg ID 6960
[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Notices]
[Page 27074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2353]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of New Fee Site; Federal Lands Recreation Enhancement Act, 
(Title VIII, Pub. L. 108-447)

AGENCY: Eldorado National Forest, USDA Forest Service.

ACTION: Notice of a proposed new fee site.

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

SUMMARY: The Eldorado National Forest is planning to charge a $65.00 
fee for the overnight rental of Sly Guard Cabin. This historic 
structure has been recently restored, and has not been available for 
recreation use prior to this date. Rentals of other cabins on the 
Eldorado National Forest have shown that people appreciate and enjoy 
the availability of historic rental cabins. Funds from the rental will 
be used for the continued operation and maintenance of Sly Guard Cabin.
    The Eldorado National Forest currently has four other cabin 
rentals. These rentals are often fully booked throughout their rental 
season. A business analysis of Sly Guard Cabin has shown that people 
desire having this sort of recreation experience on the Eldorado 
National Forest. A market analysis indicates that the $50/per night fee 
is both reasonable and acceptable for this sort of unique recreation 
experience.

DATES: It is anticipated that Sly Guard Cabin will be available for 
rent June, 2007.

ADDRESSES: Forest Supervisor, Eldorado National Forest, 100 Forni Road, 
Placerville, CA 95667.

FOR FURTHER INFORMATION CONTACT: Diana Erickson, Recreation Fee 
Coordinator, (530) 621-5214.

SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act 
(Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to 
publish a six month advance notice in the Federal Register whenever new 
recreation fee areas are established. This new fee will be reviewed by 
a Recreation Resource Advisory Committee prior to a final decision and 
implementation.
    People wanting to rent Sly Guard Cabin will need to do so through 
the National Recreation Reservation Service, at http://www.reserveusa.com or by calling 1-877-444-6777. The National 
Recreation Reservation Service charges a $9 fee for reservations.

    Dated: May 8, 2007.
Ramiro Villalvazo,
Eldorado National Forest Supervisor.
[FR Doc. 07-2353 Filed 5-11-07; 8:45 am]
BILLING CODE 3410-11-M
#### The People of the State of New York *ex rel.*John H. Myers, *Respondent, v.*Frederick Storm, Appellant.

Motion for leave to gc to Court of Appeals granted and cause certified.
#### Alice Buckingham, *as Executrix, etc., of*James Horner, *Appellant, v.*Erastus Corning and another, *Respondents*.

Judgment affirmed, with costs, on the opinion of Yan Yorst, J., in the court below.
#### § 188.10-31 Great Lakes.

Under this designation shall be included all vessels navigating the Great Lakes.
§ 185.335 Loading doors. ( a ) Except as allowed by paragraph (b) of this section, the master of a vessel fitted with loading doors shall assure that all loading doors are closed and secured during the entire voyage.
( b ) Loading doors, other than bow visors, may be opened when operating in protected or partially protected waters, provided the master of the vessel determines that the safety of the vessel is not impaired.
( c ) For the purpose of this section, “loading doors” include all weathertight ramps, bow visors, and openings used to load personnel, equipment, and stores, in the collision bulkhead, the side shell, and the boundaries of enclosed superstructures that are continuous with the shell of the vessel.
[CGD 85-080, 61 FR 1005, Jan. 10, 1996, as amended at 62 FR 51359, Sept. 30, 1997]
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 9
Federal Reserve Bank of: Minneapolis

## Filings received during the week ending September 23, 2006

|Filer                | Filing Type | Filing Proposal                                                                                                                                                                        | End of Comment Period                          
|-------------------- | ----------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------
|MINNWEST CORPORATION | * 3A3       | Minnwest Corporation, Minnetonka, Minnesota, to acquire 100% percent of Aumanchester, Inc., Rochester, Minnesota, and thereby indirectly acquire Rochester Bank, Rochester, Minnesota. | Newspaper:10/07/2006Federal Register:10/05/2006
|Newspaper:           | 10/07/2006 
|Federal Register:    | 10/05/2006 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
Editorial Note on Part 199
Editorial Note: Nomenclature changes to part 199 appear by USCG-2012-0832, 77 FR 59789, Oct. 1, 2012.

§ 199.01 Purpose. ( a ) This part sets out the requirements for lifesaving appliances and arrangements for all inspected U.S. vessels except for— ( 1 ) Offshore supply vessels, which are covered by subchapter L of this chapter;
( 2 ) Mobile Offshore Drilling Units (MODU), which are covered by subchapter I-A of this chapter;
( 3 ) Towing vessels, which are covered by subchapter M of this chapter;
( 4 ) Small passenger vessels, which are covered by subchapters K and T of this chapter; and
( 5 ) Sailing school vessels, which are covered by part 169 of this chapter.
( b ) This subpart and subparts B, C, and D of this part set out the requirements for vessels on international voyages that are subject to the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978, as amended (SOLAS).
( c ) Subparts E and F of this part set out additional requirements, alternatives, and exemptions for vessels that are not subject to SOLAS.
[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2006-24412, 81 FR 40146, June 20, 2016]
Exhibit 32.4

                                  Certification
                       Pursuant To 18 U.S.C. Section 1350,
                             As Adopted Pursuant to
                  Section 906 Of The Sarbanes-Oxley Act of 2002

In  connection  with the  Annual  Report  of  Highlands  Bankshares,  Inc.  (the
"Company")  on Form 10-K for the period  ending  December 31, 2003 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
James R. Edmondson, Jr., Chief Financial Officer,  Highlands Union Bank, certify
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

1.       The Report fully complies with the requirements of section 13(a) 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/ James R. Edmondson, Jr.
----------------------------
James R. Edmondson, Jr.
Chief Financial Officer, Highlands Union Bank
March 26, 2004


This  certification  accompanies  this  Report  pursuant  to  Sec.  906  of  the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

[A signed  original of this written  statement  required by Section 906 has been
provided  to  Highlands  Bankshares,  Inc.  and will be  retained  by  Highlands
Bankshares,  Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.]
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-50210

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LUIS PINON-ARZAGA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. P-66-CR-366-1

- - - - - - - - - -

October 18, 2000

Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Luis Pinon-Arzaga appeals from his guilty-plea conviction

for importation of marijuana and possession with intent to

distribute marijuana. He argues that the district court erred by

failing to apply a two-level reduction to his offense level under

U.S.S.G. § 3B1.2(b) for his minor role in his offenses. Whether

a defendant played a mitigating role in an offense as a minor

participant is a sophisticated factual determination that enjoys

the protection of the “clearly erroneous” standard. United
No. 00-50210

-2-

States v. Gallegos, 868 F. 2d 711, 713 (5th Cir. 1989) (internal

quotations and citations omitted).

Examination of the facts contained in the record indicate

that the district court’s refusal to apply § 3B1.2(b) to PinonArzaga’s sentence was not clearly erroneous. Accordingly, the

district court’s judgment of conviction is AFFIRMED.
<PAGE>   1
                                                                    EXHIBIT 11.1

                    COMPUTATION OF SHARES USED IN COMPUTING
                              NET INCOME PER SHARE

<TABLE>
<CAPTION>
                                       December 31,  December 31,   December 31, 
                                           1998          1997          1996
                                       ------------  ------------   ------------
<S>                                    <C>           <C>           <C>  
Common shares, beginning of period      17,711,422    17,068,398     9,370,612
Common stock equivalents                 1,853,835     1,684,985     1,591,486
Treasury stock buyback                    (963,268)     (530,991)     (175,618)
Weighted average shares issued             120,029       358,670     3,913,432  
                                        ----------    ----------     ---------
                                        18,722,018    18,581,062    14,699,912
                                        ==========    ==========    ==========
</TABLE>
# C_2014052EN.01001002.xml

| 22.2.2014 | EN | Official Journal of the European Union | C 52/10 |
| --- | --- | --- | --- |

22.2.2014

EN

Official Journal of the European Union

C 52/10

---

Judgment of the Court (First Chamber) of 19 December 2013 (request for a preliminary ruling from the Bundesgerichtshof (Germany)) — Walter Endress v Allianz Lebensversicherungs AG

(Case C-209/12) (1)

1

(Request for a preliminary ruling - Directives 90/619/EEC and 92/96/EEC - Direct life assurance - Right of cancellation - Lack of information on the conditions governing the exercise of that right - Expiry of the cancellation period one year after payment of the first premium - Conformity with Directives 90/619/EEC and 92/96/EEC)

2014/C 52/15

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Walter Endress

Applicant:

Defendant: Allianz Lebensversicherungs AG

Defendant:

Re:

Re:

Request for a preliminary ruling — Bundesgerichtshof — Interpretation of the first indent of Article 15(1) of Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC (OJ 1990 L 330, p. 50), in conjunction with Article 31(1) of Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (OJ 1992 L 360, p. 1) — Annuity — Right of cancellation of the policy-holder — Time-limit — Obligation to provide the policy-holder with information — National legislation under which the policy-holder loses the right of cancellation one year after payment of the first premium even if he has not been correctly informed of the conditions of exercising the right.

Operative part of the judgment

Operative part of the judgment

Article 15(1) of Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC, as amended by Council Directive 92/96/EEC of 10 November 1992, read in conjunction with Article 31 of the latter directive, must be interpreted as precluding a national provision, such as that at issue in the main proceedings, under which a right of cancellation lapses one year at the latest after payment of the first premium, where the policy-holder has not been informed about the right of cancellation.

---

(1)  OJ C 200, 7.7.2012.

1

---
#### §§ 201.4-201.5 [Reserved]
# C_2014052EN.01001901.xml

| 22.2.2014 | EN | Official Journal of the European Union | C 52/19 |
| --- | --- | --- | --- |

22.2.2014

EN

Official Journal of the European Union

C 52/19

---

Judgment of the Court (First Chamber) of 12 December 2013 — Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Baskaya di Baskaya Alim e C. Sas

(Case C-445/12 P) (1)

1

(Appeal - Community trade mark - Figurative mark containing the word element ‘BASKAYA’ - Opposition - Bilateral convention - Territory of a non-Member State - ‘Genuine use’)

2014/C 52/31

Language of the case: German

Parties

Parties

Appellant: Rivella International AG (represented by: C. Spintig, Rechtsanwalt)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: G. Schneider, Agent), Baskaya di Baskaya Alim e C. Sas

Other parties to the proceedings:

Re:

Re:

Appeal against the judgment of 12 July 2012 in Case T-170/11 Rivella International v OHIM — Baskaya di Baskaya Alim (BASKAYA) by which the General Court (Sixth Chamber) dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2011 (Case R 534/2010-4) relating to opposition proceedings between Rivella International AG and Baskaya di Baskaya Alim e C. Sas — Likelihood of confusion between a figurative sign containing the word element ‘BASKAYA’ and an earlier international figurative mark containing the word element ‘Passaia’ — Infringement of Article 42(2) and (3) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Error of assessment in examining the opposition.

Rivella International

OHIM — Baskaya di Baskaya Alim (BASKAYA)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Rivella International AG to pay the costs. |
| --- | --- |

2.

Orders Rivella International AG to pay the costs.

---

(1)  OJ C 366, 24.11.12

1

---
EXHIBIT
32











CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL


OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





I,
Steven L. White, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of United Restaurant Management, Inc. on Form 10-Q for the fiscal quarter
ended March 31, 2008 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such Form 10-Q fairly presents in all material respects the financial condition
and results of operations of United Restaurant Management, Inc.





Date:  May
15, 2008





By:/s/
Steven L. White


Steven L.
White,


Chief
Executive Officer and


Principal
Accounting Officer
Editorial Note on Part 151
Editorial Note: Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 151.04-2 Inspection required. ( a ) Every unmanned tank barge subject to the regulations in this subchapter shall be inspected every five years. More frequent inspections may be required, if necessary, by the Officer in Charge, Marine Inspection, to see that the hull, equipment and appliances of the vessel comply with the marine inspection laws, and the regulations of this subchapter and other subchapters where applicable.
( b ) [Reserved]
[CGFR 70-10, 35 FR 3714, Feb. 25, 1970, as amended by USCG-2007-29018, 72 FR 53967, Sept. 21, 2007]