alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.12

AMENDMENT NO. 1 TO FORBEARANCE AGREEMENT

This Amendment No. 1 to Forbearance Agreement (“Amendment”) dated effective March 27, 2015 is by and between ZYNEX, INC., a Nevada corporation, ZYNEX MEDICAL, INC., a Colorado corporation, ZYNEX NEURODIAGNOSTICS, INC., a Colorado corporation, ZYNEX MONITORING SOLUTIONS, INC., a Colorado corporation, and ZYNEX BILLING AND CONSULTING, LLC, a Colorado limited liability company (collectively, and jointly and severally, “Borrower”), and TRIUMPH COMMUNITY BANK, N.A., dba Triumph Healthcare Finance (“Lender”).   

RECITALS


	
A.
	
The parties entered into a Forbearance Agreement dated December 17, 2014 (the “Forbearance Agreement”).  





	
B.
	
The parties desire to amend the Forbearance Agreement to extend the Forbearance Period.




AGREEMENT


	
1.
	
Amendment.  Section 4.1(i)  of the Forbearance Agreement is amended to read as follows:  “11:59 pm Portland, Oregon time on June 30, 2015.”  





	
2.
	
Other Provisions.  Except as specifically provided herein, all terms and conditions of the Forbearance Agreement shall remain in full force and effect, without waiver or modification.  All terms defined in the Forbearance Agreement shall have the same meaning when used in this Amendment.  This Amendment and the Forbearance Agreement shall be read together, as one document.  





	
3.
	
Signatures.  This Amendment may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which when taken together shall constitute one and the same Amendment.




UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS MADE BY A LENDER CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER’S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY THE LENDER TO BE ENFORCEABLE.

 

[signature page follows]

 

AMENDMENT NO. 1 TO FORBEARANCE AGREEMENT



 




Dated effective as of the date first written above.

 


		
	
BORROWER:

 

ZYNEX, INC., a Nevada corporation

 

By: /s/ Thomas Sandgaard

Name: Thomas Sandgaard

Title:  CEO
	
LENDER:

 

TRIUMPH COMMUNITY BANK, N.A. dba Triumph Healthcare Finance 

 

By: /s/ Jonathan W. Kott

Name:  Jonathan W. Kott

Title: SVP

 



	
ZYNEX MEDICAL, INC., a Colorado corporation 

 

 

By: /s/ Thomas Sandgaard

Name: Thomas Sandgaard

Title:  CEO
	
 

 

 

 

 

 

 

	
 

ZYNEX NEURODIAGNOSTICS, INC., a Colorado corporation

 

By: /s/ Thomas Sandgaard

Name: Thomas Sandgaard

Title:  CEO 

 

ZYNEX MONITORING SOLUTIONS, INC., a Colorado corporation

 

By: /s/ Thomas Sandgaard

Name: Thomas Sandgaard

Title:  CEO 

 

ZYNEX BILLING AND CONSULTING, LLC, a Colorado limited liability company

 

By: /s/ Thomas Sandgaard

Name: Thomas Sandgaard

Title:  CEO 

 
	
 

 

 




 

 

 

AMENDMENT NO. 1 TO FORBEARANCE AGREEMENT

Signature Page
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 this Report on Form 10-Q
of Summit Financial Services Group, Inc. (the Company), for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Steven C.
Jacobs, Executive Vice President and Chief Financial Officer of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to my knowledge 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|/s/ Steven C. Jacobs                                
|Steven C. Jacobs                                    
|Executive Vice President and Chief Financial Officer
|                                                    
|Dated: May 16, 2011                                 



Page 17
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7015

DEMETRIC GRAY PEARSON,

Plaintiff - Appellant,

versus

STUART O. SIMMS, Secretary, D.P.S.C.S.; JOSEPH

P. SACCHET, Warden,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA03-3-8-PJM)

Submitted: September 11, 2003 Decided: September 24, 2003

Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Demetric Gray Pearson, Appellant Pro Se. John Joseph Curran, Jr.,

Attorney General, David Phelps Kennedy, OFFICE OF THE ATTORNEY

GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Demetric Gray Pearson appeals the district court’s order

denying his motion for appointment of counsel and denying relief on

his 42 U.S.C. § 1983 (2000) complaint. He renewed his motion for

appointment of counsel in this court. We have reviewed the record

and find no reversible error. Accordingly, we deny Pearson’s

motion for appointment of counsel and affirm substantially on the

reasoning of the district court. See Pearson v. Simms, No. CA-03-

3-8-PJM (D. Md. filed June 23, 2003 & entered June 24, 2003). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
July 21, 1941

No. 46193.

#### Protests 928612-G, etc., of Simon, Healey & Goldstein, Inc.

Abstract 46059. Motion of Government for rehearing denied.
No. 56026.

protests 158731-K/2689, etc. (Chicago).

#### J. E. Bernard & Company, Inc., et al. *v.*United States,

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
**EXHIBIT 31.1**

 

**CERTIFICATIONS**

 

I, Brian E. Schaaf, certify that:

 

1.                                    I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ford Credit Auto Owner Trust 2010-A (the “Exchange Act periodic reports”);

 

2.                                    Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 under which such statements were made, not misleading with respect to the period covered by this report;

 

3.                                    Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.                                    I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.                                    All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: The Bank of New York Mellon, as indenture trustee of the issuing entity, and U.S. Bank Trust National Association, as owner trustee of the issuing entity.

 
| Dated   March 21, 2014 |                                               |
|------------------------|----------------------------------------------------|
|                   |                                               |
|                   |                                               |
|                   | /s/   Brian E. Schaaf                              |
|                   | Brian   E. Schaaf                                  |
|                   | Vice   President and Assistant Treasurer           |
|                   | Ford   Motor Credit Company LLC, as Servicer       |
|                   | (senior   officer in charge of servicing function) |

 

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

EXHIBIT 32.1

                                  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), I, Claudio
Gianascio, Chief Executive Officer and Chief Financial Officer of the Company,
hereby certifies that, to the best of his or her knowledge:

         1. The Company's Annual Report on Form 10-KSB for the period ended
December 31, 2006, and to which this Certification is attached as Exhibit 32.1
(the "PERIODIC REPORT") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

         2. The information contained in the Periodic Report fairly presents, in
all material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.

Dated: March 19, 2007


S/ Claudio Gianascio
--------------------
Claudio Gianascio
CEO & CFO

A signed original of this written statement required by Section 906 has been
provided to Oranco, Inc. and will be retained by Oranco, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request

THIS CERTIFICATION ACCOMPANIES THIS REPORT PURSUANT TO SS. 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED "FILED" BY THE COMPANY FOR
PURPOSES OF SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.









--------------------------------------------------------------------------------
Exhibit 21.1
List of Subsidiaries (1)     **JURISDICTION OF****SUBSIDIARY** **FORMATION**Knowles Europe United KingdomKnowles Electronics Japan, K.K. JapanKnowles Electronics (Malaysia) Sdn. Bhd. MalaysiaKnowles Electronics Suzhou Co. Ltd. ChinaKnowles Electronics Taiwan, Ltd. TaiwanKnowles Manufacturing Ltd. U.S. – DelawareKnowles Electronics France FranceRuf Electronics G.M.B.H. GermanyKnowles Electronics (Weifang) Co. Ltd. ChinaKnowles Electronics Singapore Pte. Ltd. SingaporeKnowles Electronics Germany GmbH GermanyKnowles IPC (Malaysia) Sdn. Bhd. MalaysiaKnowles Intermediate Holding Inc. U.S. – DelawareKnowles Electronics, LLC U.S. – DelawareKnowles Electronics Sales Corp. U.S. – Delaware
(1) All subsidiaries are whollyowned.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 12, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51149

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIGUEL ANGEL LOPEZ-RODRIGUEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-363-ALL

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

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Miguel Angel

Lopez-Rodriguez raises arguments that are foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998),

which held that a prior conviction is a sentencing factor under 8

U.S.C. § 1326(b)(2) and not a separate criminal offense. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.
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 Highland Hospitality Corporation (the Company) on Form 10-Q for the
period ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Douglas W. Vicari, Executive Vice President and Chief Financial Officer of the Company, 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 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: May 9, 2007



/s/ Douglas W. VicariExecutive Vice President andChief Financial Officer
No. 64946.

#### Dinco Distributors, Inc. *v.*United States,

protest 60/4021 (New York).

Opinion by

Johnson, J.

The protest was dismissed.
IN THE DISTRICT COURT OF APPEAL OF THE STATE O F FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME E XPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BEN JACKSON , Appel lant ,
v. Case No. 5D 22

- 0 148 LT Case No. 21

- S C

- 52115 -O

B MI SMART PARKING ,

Appellee

. ________________________________/ Decision filed June 14, 2022 A ppeal from t he C ounty Court for Or ange County , Elizabet h Starr, Judge. B en Jackson, Kissimmee, pr o se. N o Appearance for Appellee.

PER CURIAM. AFFI RMED.

WALLIS , HARRIS and SA SSO , JJ., concur.
(Reap. Dec. 8491)

#### S. E. Laszlo *v.*United States

Entry No. 18270.

(Decided November 18, 1955)

*John D. Rode*for the plaintiff.

*Warren E. Burger,*Assistant Attorney General, for the defendant.

LawRence, Judge:

The proper value for dutiable purposes of certain metal tripods for cameras constitutes the question presented by this appeal for reappraisement.

Said appeal has been submitted for decision upon a stipulation agreed to by the parties to the effect that the entered value of the metal tripods was the market value or price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, and that there was no higher foreign value for such or similar merchandise.

On the agreed facts, I find that export value, as that value is defined in section 402 (d) of the Tariff Act of 1930 (19 U. S. C. § 1402 (d)), is the proper basis for the determination of the value of the metal camera tripods here involved, and that such value is equal to the value shown on the entry.

Judgment will issue accordingly.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8687 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8687

 To amend the Federal Food, Drug, and Cosmetic Act to deem adulterated 
    food containing certain color additives, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2024

 Mrs. Luna (for herself and Mr. Moylan) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Food, Drug, and Cosmetic Act to deem adulterated 
    food containing certain color additives, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Do or Dye Act''.

SEC. 2. FOOD CONTAINING CERTAIN COLOR ADDITIVES DEEMED ADULTERATED.

    (a) In General.--Notwithstanding the listing and certification (or 
exemption in effect with respect to such certification) of any covered 
color additive pursuant to section 721 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379e), effective beginning on the date of this 
Act--
            (1) a covered color additive is deemed unsafe for use in or 
        on food within the meaning of subsection (a) of such section; 
        and
            (2) a food that is, or it bears or contains, such a color 
        additive is adulterated within the meaning of section 402(c) of 
        such Act (21 U.S.C. 342(c)).
    (b) Covered Color Additive.--In this Act, the term ``covered color 
additive'' means the following color additives (as such term is defined 
in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321)):
            (1) Red No. 40.
            (2) Yellow No. 5.
            (3) Yellow No. 6.
            (4) Any additive that is substantially similar to the 
        additives specified in paragraphs (1) through (4).
                                 <all>
```
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8320 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8320

 To allow taxpayers to indicate whether the Federal income taxes they 
 pay should be used for domestic or international purposes, to rescind 
 certain balances made available to the Internal Revenue Service, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2024

    Mr. Nehls (for himself and Mr. Moore of Alabama) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To allow taxpayers to indicate whether the Federal income taxes they 
 pay should be used for domestic or international purposes, to rescind 
 certain balances made available to the Internal Revenue Service, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spend It At Home Act''.

SEC. 2. TAXPAYER DETERMINATION OF WHETHER FEDERAL INCOME TAXES SHOULD 
              BE USED FOR DOMESTIC OR INTERNATIONAL PURPOSES.

    (a) In General.--The Secretary of the Treasury shall ensure that 
each Federal income tax form includes a provision that allows the 
taxpayer to indicate whether the Federal income taxes paid by the 
taxpayer with respect to the taxable year to which such tax form 
relates should be used by the Federal Government for--
            (1) domestic purposes, or
            (2) international purposes.
    (b) Public Reporting of Information.--The Secretary of the Treasury 
shall annually make publicly available the following information 
obtained pursuant to subsection (a) with respect to taxable years 
beginning in each calendar year:
            (1) The aggregate amount of Federal income taxes that 
        taxpayers indicated should be used for purposes described in 
        paragraph (1) or (2) of subsection (a) (stated separately for 
        each such paragraph).
            (2) The aggregate number of taxpayers (determined by 
        treated joint returns as 2 taxpayers) who indicated that their 
        Federal income taxes should be used for the purposes described 
        in paragraph (1) or (2) of subsection (a) (stated separately 
        for each such paragraph).

SEC. 3. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL 
              REVENUE SERVICE.

    The unobligated balances of amounts appropriated or otherwise made 
available for activities of the Internal Revenue Service by paragraphs 
(1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 
10301 of Public Law 117-169 (commonly known as the ``Inflation 
Reduction Act of 2022'') as of the date of the enactment of this Act 
are rescinded.
                                 <all>
```
Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350) In connection with the Quarterly Report on Form 10-Q for the period ended March 31, 2017 (the Report) of TICC Capital Corp. (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Bruce L. Rubin, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that: (1)

          The 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant. /s/ Bruce L. RubinName: Bruce L. Rubin Date:  May 8, 2017