alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2


 


AMENDMENT NO.1


 


TO TERM SHEET


 


This Amendment No.1 to
Term Sheet (the “Amendment”) is entered into as of November 3, 2016, between CHC Group Ltd., as debtor and debtor
in possession (“CHC”) and The Milestone Aviation Group Limited (“Milestone”) and amends the
Term Sheet dated October 11, 2016 between CHC and Milestone (the “Term Sheet”).


 


WHEREAS:


 


CHC and Milestone (together
the “Parties”) entered into the Term Sheet. The Parties intend to amend the Term Sheet as set out in Clause
2 herein.


 


IT IS AGREED as follows:


 


		1.	Definitions



 


Capitalized terms used
herein and not otherwise defined herein shall have the meaning set forth in the Term Sheet.


 


		2.	Amendment



 


The Parties herein agree
that the Term Sheet shall be amended with effect from the date of this Amendment as follows:


 


The definition
of “Qualified Plan Confirmation Order Outside Date” shall be deleted in its entirety and replaced with the following:


 


“Qualified
Plan Confirmation Order Outside Date” shall mean March 17, 2017.


 


		3.	General 



 


		3.1	Sections 4.3 (Confidentiality), 4.4 (Miscellaneous) and 4.5 (Governing Law)
of the Term Sheet are hereby incorporated by reference into (and made part of) this Amendment as if fully set forth herein and
any reference in such sections to “this Term Sheet” shall be read to refer to “this Amendment”.



 


		3.2	No variation of this Amendment shall be effective unless made in writing and signed by or on behalf
of the Parties.



 




     


     


    




 


		3.3	The Term Sheet shall remain in full force and unchanged in relation to any other matters not expressly
set out in this Amendment and any reference in the Term Sheet to “this Term Sheet” shall be read and construed as a
reference to the Term Sheet as amended by this Amendment.



 


		3.4	The effectiveness of this Amendment is conditioned upon and subject to the approval of the United
States Bankruptcy Court for the Northern District of Texas.



 


[Remainder
of Page Intentionally Left Blank; Signature Page Follows.]


 




    2 


     


    




 


IN WITNESS WHEREOF, the
Parties hereto have duly executed this Amendment No. 1 to the Term Sheet on the date and year set out above.


 


	THE MILESTONE AVIATION GROUP LIMITED	 	CHC GROUP LTD. 
	 	 	 
	By: 	/s/ Mark England	 	By:	/s/ Nicolas P. Stable
	 	Name: Mark England                  	 	 	Name: Nicolas P. Stable                      
	 	
        Title: Assistant Secretary           

        Location: Minerva House

        2nd Floor 

        Smimonscourt Road

        Ballsbridge

        Dublin 4, Ireland
	 	 	Title: Vice President                            


 




    3
Exhibit 32.1

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the Quarterly Report of East Coast Diversified Corporation (the“Company”) on Form 10-QSB for the period ended January 31, 2006 (the“Report”), as filed with the Securities and Exchange Commission on the datehereof, I, Richard Margulies, Chief Executive Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

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

 

/s/ Richard Margulies

Richard MarguliesChief Executive OfficerDated: March 7, 2006

A signed original of this writtenstatement required by Section 906 has been provided to East Coast Diversified Corporationand will be retained by East Coast Diversified Corporation and furnished to the Securitiesand Exchange Commission or its staff upon request.
No. 52666.

protests 560733-G, etc. (New York).

#### Carson Pirie Scott & Co. *v.*United States,

Opinion by

Rao, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C A. D. 333). The claim at 50 percent ad valorem under paragraph 915, plus any additional duty applicable under paragraph 924, was therefore sustained.
EXHIBIT 31.2  RULE 13a-14(a)/15d-14(a) CERTIFICATION  I, Mark B. Lucky, certify that:
  1.           I have reviewed this annual report on Form 10-KSB for the year ended September 30, 2007 of IceWEB, Inc.;  2.           Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances made, not misleading with respect to the period covered by this report;  3.           Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4.           The small business issuers other certifying officer(s) and I are responsible for establishing for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:  a.           Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  b.           Evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions after the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  c.           Disclosed in this report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting.  5.           The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):  a.           All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and  b.           Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.  December 26, 2007
  By:/s/ Mark B. Lucky Mark B. Lucky, Chief Financial Officer, principal financial and accounting officer
#### Joseph D. SLAPPY, Petitioner and Appellant, v. John Paul MORRIS, Respondent and Appellee.

No. 79-2519.

United States Court of Appeals, Ninth Circuit.

Jan. 26, 1984.

Michael B. Bassi, San Francisco, Cal., for petitioner-appellant.

Dane R. Gillette, San Francisco, Cal., for respondent-appellee.

Before GOODWIN, ALARCON and NELSON, Circuit Judges.

*842ORDER

In accordance with the Supreme Court’s decision in *Morris v.*Slappy,-U.S.-, 103 S.Ct. 1610, 75 L.Ed.2d 610 (1983), our opinion published in 649 F.2d 718 (9th Cir.1981) is vacated and the case is remanded to the District Court with directions to reinstate its judgment.
Exhibit 32

**CERTIFICATION PURSUANT TO**

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

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, Mark Jensen, Chief Executive Officer, and Principal Accounting Officer of MGN Technologies, Inc., hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(1)

the quarterly report on Form 10-QSB of MGN Technologies, Inc. for the period ended June 30, 2006 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of MGN Technologies, Inc.

Dated: August 21, 2006

*/s/ Mark Jensen*_______________________

Mark Jensen, Chief Executive Officer

and Principal Accounting 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 MGN Technologies, Inc. and will be retained by MGN Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
No. 60901.

#### Stanford Seed Co. and National Carloading Corp. *v.*United States,

protest 289380-K (New York).

Opinion by

Richardson, J.

In accordance with stipulation of counsel that the merchandise consists of bird’s-foot trefoil seed similar in all material respects to that the subject of *Transcontinental Seed, Inc. (Alltransport, Incorporated)*v *United States*(29 Cust. Ct. 163, C. D. 1462), the claim of the plaintiffs was sustained.

Donlon, J.,

dissented, holding: “As I indicated in *Albert Dickinson Co.*v. *United States,*35 Cust. Ct. 359, Abstract 59603, I do not concur in the decision in *Transcontinental Seed, Inc.*v. *United States,*29 Cust. Ct. 163, C. D. 1462, the record of which has been incorporated in the record of this case. In my opinion, the protest should be overruled.”
================================================================================
Exhibit 32.2


                            CERTIFICATION PURSUANT TO

                             18 U.S.C. SECTION 1350

                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection  with the  Quarterly  Report  of  Tamarack  Ventures,  Inc.  (the
"Company")  on Form 10-QSB for the period  ended  January 31, 2005 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  the
undersigned,  in the  capacities  and  on  the  dates  indicated  below,  hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

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

     2.   The information contained in the Report fairly presents, in all
          material respects, the financial condition and results  of operations
          of the Company.


Date:  March 15, 2005

/s/ Robert Reukl
------------------------------------
Robert Reukl, Treasurer and Director
Principal Financial Officer
**Exhibit
32**
 
 **CERTIFICATION
OF PRINCIPAL 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**
 
 
 The
undersigned hereby certifies, pursuant to, and as required by, 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Annual Report of Nathaniel Energy Corporation (the “Company”) on Form 10-KSB
for the period ended December 31, 2003 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
that information contained in such Annual Report on Form 10-KSB fairly presents,
in all material respects, the financial condition and results of operations of
the Company.
 
 
 
 Dated:
      May 2, 2005
    
    /s/
      George A. CretecosGeorge
      A. Cretecos
      Chief
      Operating Officer
      (Principal
      Executive Officer
      and
      Principal Accounting Officer)
Exhibit 32.1




CERTIFICATION PURSUANT TO
 18 U.S.C. SECTION 1350
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Annual Report of International Monetary Systems, Ltd. ("Company") on Form 10-K for the period ending December 31, 2010 filed with the Securities and Exchange Commission ("Report"), I, Donald M. Mardak, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:
 
 1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
 
 
 /s/ Donald M. Mardak
 Donald M. Mardak
 (Principal Executive Officer)
 
 March 11, 2011
 
  
  This Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date of this Report, irrespective of any general incorporation language contained in such filing. A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### **EXHIBIT 23.1**

 

Consent of Independent Registered Public Accounting Firm

 

We consent to theincorporation by reference in the Registration Statement (Form S-8 Nos.333-118488, 333-106167, 333-87088, 333-60354 and 333-33382) pertaining to the2000 Stock Incentive Plan and 2000 Employee Stock Purchase Plan of Websense,Inc. of our reports dated February 25, 2005, with respect to the consolidatedfinancial statements and schedule of Websense, Inc. Websense, Inc. management’sassessment of the effectiveness of internal control over financial reporting,and the effectiveness of internal control over financial reporting of Websense,Inc., included in this Annual Report (Form 10-K) for the year ended December31, 2004.

 

 
|              | /s/  Ernst & Young LLP |   |
|-------------------|----------------------------|--------|
| San Diego, CA     |                       |
| February 25, 2005 |                       |

 

----
Motion Granted and Order filed July 12, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00334-CV

NO. 14-21-00335-CV

IN RE NESTLE WATERS NORTH AMERICA, INC. AND ROBERT LEE 

SEWELL, SR., Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

Probate Court No. 4

Harris County, Texas

Trial Court Cause No. 476,731-401 and No. 476, 827-401

ORDER

On June 30, 2021, the Real Parties in Interest, Kenneth Hurr, Individually 

and as Independent Administrator of the Estate of Huh Tao Sung, Christina Hurr,

and Sabina Hurr (“Real Parties in Interest”) filed an Unopposed Motion for Leave 
2

to File Response to Petition for Writ of Mandamus under Seal. The Real Parties in 

Interest submitted their response with the motion to seal. The response has not 

been posted on the internet, pending a ruling on this motion. Because the response

of the Real Parties in Interest references facts concerning Relator Robert Sewell, 

Sr.’s medical conditions, the motion to file the response under seal should be

granted. 

Accordingly, we GRANT the Real Parties in Interest’s Unopposed Motion 

for Leave to File Response to Petition for Writ of Mandamus under Seal. We 

ORDER the Real Parties in Interest’s response filed June 30, 2021, SEALED. 

We further ORDER the Real Parties in Interest, within 10 days of the date of this 

order, to file a redacted copy of their response that omits any and all references to 

Sewell’s medical conditions for posting on the internet.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Jewell and Poissant.
#### The People of the State of New York, Respondent, v Michael D’Antonio, Appellant.

[634 NYS2d 9]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered August 18, 1994, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.

*557Ordered that the judgment is affirmed.

On appeal, the defendant claims that the trial court erred in allowing his former employer to testify as to an uncharged crime involving the defendant. We disagree. The uncharged crime was of a strikingly similar nature, in close spacial and temporal proximity to the crime charged, and the evidence concerning it tended to show the intent of the defendant to commit the crime charged *(cf., People v Alvino,*71 NY2d 233).

The issue of the legal sufficiency of the trial evidence has not been preserved for appellate review *(see,*CPL 470.05 [2]; *People v Bynum,*70 NY2d 858; *People v Udzinski,*146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt *(see, People v Walker,*214 AD2d 594; *People v DiGirolamo,*108 AD2d 755; *People v Rosenfeld,*93 AD2d 872). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The sentence imposed was not excessive *(see, People v Suitte,*90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, P. J., Bracken, Sullivan and Rosenblatt, JJ., concur.
#### Clarence D. Wilson v. George R. Wilson, individually and as Administrator of the Estate of Mary Wilson Messimer, deceased, *et al.*

181 So. 385.

Opinion Filed April 28, 1938.

Rehearing Denied June 6, 1938.

*519
      *E. Clyde Vining*and *Wm. B. Farley,*for Appellant;

*Stanley Milledge,*for Appellees.

Per Curiam.

This suit was brought against the administrator and the heirs of an elderly lady decedent, to’ require conveyances in the nature of a specific performance of an alleged oral contract of the decedent with her nephew, the plaintiff, to devise real estate to him including the home Of the decedent; the alleged consideration for the oral contract being personal attentions and business services and assistance rendered by the plaintiff nephew to the decedent at her request during the last months of her life.

The Chancellor dismissed the bill of complaint on motion, and plaintiff appealed.

It is not alleged that the decedent intentionally put the plaintiff into actual possession or control of any portion of the land *in pursuance of the alleged oral agreement to devise*it or any part of it to the plaintiff in consideration of the aforesaid personal attentions and business services and assistance, even if that would make a case for the relief prayed.

Considered as an entirety, the allegations of the bill of complaint are legally insufficient to justify a decree for the relief prayed.

Affirmed.

Ellis, C. J.,- and Whitfield, Terrell, Brown, Buford and Chapman, J. J., concur.
EXHIBIT 32.1

                        Certification of CEO 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 on Form 10-KSB of Total Luxury
Group, Inc. (the "Company") for the year ended December 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Sandy
J. Masselli, Jr., as Chief Executive Officer of the Company, hereby certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:

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

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



                                               /s/ Sandy J. Masselli, Jr.
                                               ---------------------------------
                                               Sandy J. Masselli, Jr.,
                                               Chief Executive Officer

                                               Date:  October 19, 2005
I 

118TH CONGRESS 

2D SESSION H. R. 8222 

To amend the Securities Act of 1933 to automatically approve offering statements filed with the Securities and Exchange Commission in connection 

with certain securities issued under Regulation A tier 2, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2024 

Mr. BARR introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To amend the Securities Act of 1933 to automatically approve offering statements filed with the Securities and 

Exchange Commission in connection with certain securities issued under Regulation A tier 2, and for other 

purposes. 

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 ‘‘Regulation Advance5 ment for Capital Enhancement Act of 2024’’ or the 

6 ‘‘RACE Act of 2024’’. 


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2 

•HR 8222 IH

1 SEC. 2. OFFERING OF SUBSTANTIALLY SIMILAR SECURI2 TIES. 

3 Section 3(b) of the Securities Act of 1933 (15 U.S.C. 

4 77c(b)) is amended by adding at the end the following: 

5 ‘‘(6) OFFERING OF SUBSTANTIALLY SIMILAR

6 SECURITIES.— 

7 ‘‘(A) IN GENERAL.—With respect to a per8 son who has issued a class of securities (wheth9 er preferred, common, or convertible securities) 

10 exempted under paragraph (2) and has filed an 

11 offering statement with the Commission with 

12 respect to such class that was approved by the 

13 Commission, an offering statement filed with 

14 the Commission in connection with an addi15 tional class of securities issued by the person 

16 and exempted under paragraph (2) shall be 

17 deemed approved by the Commission upon fil18 ing, if— 

19 ‘‘(i) the securities in the additional 

20 class are substantially similar to, and have 

21 predefined characteristics in common with, 

22 the securities in the original class; 

23 ‘‘(ii) the offering amount of each such 

24 class is less than $5,000,000; and 

25 ‘‘(iii) the aggregate offering amount 

26 of the securities in all such additional 


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3 

•HR 8222 IH

1 classes that are offered and sold within the 

2 prior 12-month period in reliance on the 

3 exemption provided under this paragraph 

4 does not exceed the dollar limit provided 

5 for the aggregate offering amount for secu6 rities that are offered and sold within the 

7 prior 12-month period in reliance on the 

8 exemption provided under paragraph (2). 

9 ‘‘(B) NO REQUIREMENT TO HAVE THE

10 SAME NATURE OR TERMS.—For purposes of 

11 subparagraph (A)(ii), a security can be substan12 tially similar to another security without having 

13 the same nature or terms.’’. 

Æ 


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