alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Primo CIMADOR and Anna M. Cimador, Appellants, v. CARGO GASOLINE COMPANY, a Florida corporation, Appellee.

No. 67-169.

District Court of Appeal of Florida. Second District.

March 6, 1968.

Rehearing Denied April 11, 1968.

Joe A. McClain of McClain & Hobby, Dade City, for appellants.

A. W. Fisher, Jr., of Macfarlane, Ferguson, Allison & Kelly, Tampa, for ap-pellee.

PER CURIAM.

The appellants, defendants below, appeal from a final judgment rendered against them without a jury from the Circuit Court of Hillsborough County.

The Cargo Gasoline Company, a Florida corporation, was the plaintiff below, ap-pellee here.

Primo Cimador and Anna M. Cimador were sued as guarantors on a note of M. M. Satterfield against whom a default was entered in the court below.

The complaint filed in the Circuit Court had attached to it as an exhibit an instrument in the following words and figures:

> “Dade City, Florida October 7, 1965

> “To Whom it may concern:

> “We, the undersigned, do hereby authorize Mr. M. M. Satterfield to sign for gasoline and oil products delivered to our station in Dade City.

> “We hereby guarantee payment for such products ten (10) days after delivery. Payment to be made to Cargo Gasoline Co., Tampa, Florida.

> “These products will be delivered by Cargo Gasoline Company, 2909 Bay to Bay Blvd., Tampa, Florida.

> s/ Anna M. Cimador

> s/ Primo Cimador.”

This instrument, in effect, guaranteed the account of Satterfield, who was renting a filling station owned by the appellants.

At trial an attempt was made to introduce into evidence the guaranty document, which was objected to, and the trial judge took it under advisement. Apparently the *307instrument was never again offered in evidence. As a matter of fact, both the appellants and the appellee conceded at oral argument that the guaranty instrument was not introduced into evidence.

Since the instrument referred to was an exhibit attached to the complaint and was the basis of the suit against the appellants, it was error to enter a judgment against the appellants without the guaranty instrument being introduced into evidence. For this reason we are reversing this case for a new trial.

Reversed and remanded.

ALLEN, Acting C. J., PIERCE, J., and RAWLS, JOHN S., Associate Judge, concur.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00483-CV

In re Richard Bradley

ORIGINAL PROCEEDING FROM TOM GREEN COUNTY

M E M O R A N D U M O P I N I O N

Relator Richard Bradley, an inmate in the Texas Department ofCriminal Justice, filed

a pro se petition for writ of mandamus alleging that he is entitled to have his conviction set aside.

Bradley argues that his original judgment was void because the trial court lacked jurisdiction, and

a subsequent nunc pro tunc judgment, based on the allegedly void original judgment, was also void.

Although styled as a writ of mandamus, the reliefBradleyseeks amounts to reliefthat

is available through a writ of habeas corpus under article 11.07 of the code of criminal procedure.

See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2011); Ex parte Sanchez, 918 S.W.2d

527, 527 (Tex. Crim. App. 1996) (“Habeas corpus is reserved for those instances in which there is

a jurisdictional defect in the trial court which renders the judgment void . . . .”). Jurisdiction to grant

post-conviction habeas relief in felony cases rests exclusively with the Texas Court of Criminal

Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, §§ 3, 5; Board of Pardons & Paroles ex rel.

Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). We

are therefore without jurisdiction to consider Bradley’s petition. See In re McAfee, 53 S.W.3d 715,

718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); see also In re Morris, No. 03-10-
00559-CV, 2010 WL 3719269, at *1-2 (Tex. App.—Austin Sept. 23, 2010, orig. proceeding)

(mem. op., not designated for publication) (denying request for mandamus relief challenging

allegedly void sentence).

Accordingly, we deny the petition.

__________________________________________

Bob Pemberton, Justice

Before Chief Justice Jones, Justices Pemberton and Rose

Filed: August 15, 2012

2
<PAGE>


                                                                    Exhibit 23.2


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

The Board of Directors of
Security Capital Group Incorporated:

     We consent to the use of our reports dated January 30, 2001, except as to
Note 16, which is as of February 28,2001, with respect to the balance sheets of
Archstone Communities Trust as of December 31, 2000 and 1999, and the related
statements of earnings, shareholders' equity, and cash flows for each of the
years in the three-year period ended December 31, 2000, and the related
schedule, which reports appear in the December 31, 2000 annual report on Form
10-K of Security Capital Group Incorporated. Further, we consent to the
incorporation by reference of the aforementioned reports into the registration
statements filed by Security Capital Group Incorporated on Form S-8 No's. 333-
38521, 333-38523, 333-38525, 333-38527, 333-38531, 333-38533, 333-38537, 333-
48167, 333-38539, 333-61395, Form S-4 No's. 333-61401 and 333-47926 and Form S-3
No. 333-64979.



                                       KPMG LLP

Chicago, Illinois
March 19, 2001
I

103D CONGRESS

2D SESSION H. R. 3761

To amend the Internal Revenue Code of 1986 to permit individual retirement

accounts to be used as security for certain business loans.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1994

Ms. BYRNE introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to permit

individual retirement accounts to be used as security

for certain business loans.

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 ‘‘Small Business

5 Empowerment Act’’.

6 SEC. 2. USE OF INDIVIDUAL RETIREMENT ACCOUNTS AS

7 SECURITY FOR CERTAIN BUSINESS LOANS.

8 (a) GENERAL RULE.—Paragraph (4) of section

9 408(e) of the Internal Revenue Code of 1986 (relating to
2

•HR 3761 IH

1 effect of pledging account as security) is amended to read

2 as follows:

3 ‘‘(4) EFFECT OF PLEDGING ACCOUNT AS SECU4 RITY.—

5 ‘‘(A) IN GENERAL.—If, during any taxable

6 year of the individual for whose benefit an indi7 vidual retirement account is established, that

8 individual uses the account or any portion

9 thereof as security for a loan, the portion so

10 used is treated as distributed to that individual.

11 ‘‘(B) EXCEPTION FOR CERTAIN BUSINESS

12 LOANS.—

13 ‘‘(i) IN GENERAL.—Subparagraph (A)

14 shall not apply to the use of an individual

15 retirement account (or any portion thereof)

16 as security for a qualified business loan

17 and nothing in subsection (a)(4) shall be

18 construed to prohibit such use.

19 ‘‘(ii) QUALIFIED BUSINESS LOAN.—

20 For purposes of clause (i), the term ‘quali21 fied business loan’ means any indebtedness

22 incurred by the individual in connection

23 with—

24 ‘‘(I) the commencement of a new

25 trade or business by the individual or
3

•HR 3761 IH

1 the expansion of an existing trade or

2 business, or

3 ‘‘(II) the acquisition of property

4 to be used in the conduct of a trade

5 or business by the individual.

6 ‘‘(iii) WAIVER OF PENALTY IN CASE

7 OF DEFAULT.—If—

8 ‘‘(I) an individual retirement ac9 count (or portion thereof) was used as

10 security for a qualified business loan,

11 and

12 ‘‘(II) as a result of a default on

13 such loan there is a distribution from

14 such account required under the secu15 rity interest,

16 no additional tax shall be imposed under

17 section 72(t) on such distribution.’’

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall take effect on the date of the enact20 ment of this Act.

Æ
EXHIBIT 10.24



|Mr. Edmond Tseng | March 27, 2002
|---------------- | --------------

OSE USA, Inc.

2221 Old Oakland Road

San Jose, CA 95131-14O2



OSE, Inc.

2221 Old Oakland Road

San Jose, CA 9513-1402

|RE: |  | Asset Based Line of Credit
|--- |  | --------------------------

Loan # 42592~35665



Dear Edmond,



Far East National Bank: Is pleased to inform you that $15MM
syndication commercial revolving line of credit for OSE USA, Inc./OSE, Inc. has been renewed from February 15, 2002 to August 15, 2002 as attached term condition.



Based on the renewal, the $15MM commercial line of credit is co-lead by Bank SinoPac and Far East National Bank. FENB will
act as Servicing Agent and Bank SinoPac as Administrative Agent.



Should you have any questions or comments on this arrangement, please do not hesitate to contact the undersigned.





FAR EAST NATIONAL BANKBy:Charles Tzeng, FVP




---



TERM
SHEET



|                   
|-------------------
|Loan Amount:       
|                   
|Borrower(s):       
|                   
|Borrowing Base:    
|                   
|Loan Purpose:      
|                   
|Term:              
|                   
|Repayment Terms:   
|                   
|Interest Rate/Fees:
|                   
|Collateral:        
|                   
|Guarantor(s):      
|                   
|Lenders:           



Financial Reporting
Requirements and Due Dates:

| | 1. |  | Consolidated (OSE-USA and OSE) A/R and A/P aging reports due within 15 days from month-end accompanied by a borrowing base certificate.
| | -- |  | ---------------------------------------------------------------------------------------------------------------------------------------

| | 2. |  | Each loan draws down to be supported by an updated borrowing base certificate.
| | -- |  | ------------------------------------------------------------------------------

| | 3. |  | Quarterly signed compliance certificate due within 15 days from quarter end.
| | -- |  | ----------------------------------------------------------------------------

| | 4. |  | Quarterly consolidated financial statements / 10Q due with 15 days of SEC filing.
| | -- |  | ---------------------------------------------------------------------------------

| | 5. |  | Annual consolidated CPA audited financial statements/ 10K due within 15 days of SEC filing.
| | -- |  | -------------------------------------------------------------------------------------------

| | 6. |  | Financial forecasts and other reports as requested.
| | -- |  | ---------------------------------------------------



Financial/Ratio Covenants to be tested Quarterly:

Borrower:

N/A

|Guarantor (OSE Taiwan):                                          |  | Required 
|---------------------------------------------------------------- |  | ---------
|1.      Minimum Current ratio                                    |  | 1.00:1.00
|2.      Minimum Debt Coverage Ratio (EBITDA/interest Expense) of |  | 3.00x    
|Minimum Net Worth I Total Asset Ratio                            |  | O.45x    
|4.      4. Maximum Long-term Investment to Net Worth Ratio       |  | O.50x
Drone Request 

Thomas Gifford 

360 NW Royal Boulevard 

Portland, OR 9721 0 

tgifford@comcast.net 

October 26, 2015 

Petition for Section 333 Exemption 

I hereby formally request FAA authorization for Thomas Gifford (hereafter 

"PETITIONER") to operate a UAS for civil (non-governmental) purposes other than for 

recreation or hobby. 

PETITIONER requests to be exempted from 14 CFR §§ 61.23(a) and (c), 61.101 (e)(4) 

and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to 

allow PETITIONER to operate a UAS to perform aerial data collection, including but not 

limited to aerial imaging. 

PETITIONER requests this exemption for its use of UAS both within and without the 

United States. PETITIONER travels abroad for photographic endeavors and seeks to 

use UAS in accordance with all laws of foreign and domestic governmental authorities. 

PETITIONER requests this permission to pursue its use of UAS models including OJI 

Phantom 1, OJI Phantom 2, DJI Phantom 3, OJI Inspire, 30 Robotics IRIS+, 30 

Robotics Solo, 30 Robotics X8+, and 30 Robotics X8- M, Lily Camera, or other similar 

commercially-available and widely-available UAS models. 

PETITIONER will conduct its use of UAS in a manner which will minimize risk to the 

NAS, other persons, and property. The following procedures will be followed: (1) UAS 

will be given a pre-flight inspection before each flight to examine air-worthiness, (2) UAS 

will not be materially altered from commercial specifications except for battery, prop, and 

battery alterations, (3) UAS will not be flown over people, (4) UAS will always be flown 

within line of sight to operator(s) pursuant to Section 333(b)(1 ), (5) UAS will never reach 

altitudes over exceeding those allowed, (6) UAS will never reach speeds exceeding 50 

mph, (7) operator will perform a pre-flight visual inspection of the NAS to determine 

nearby dangers such as low-flying manned or unmanned aerial vehicles, power lines, 
and buildings, (8) UAS will be checked for flight stability, proper connection to remote 

control, and proper performance at a very low altitude before reaching the NAS, and (9) 

non-participating spectators will be asked to stay a safe distance away from the flight 

path of the UAS and its landing location. PETITIONER is an experienced UAS operator 

with more than one year of experience. 

This petition will benefit the public interest. PETITIONER will provide imagery which is 

not otherwise possible to be captured without the use of a UAV, which will assist 

companies to which the images may be sold, will enhance the public understanding of 

nature photographed by the UAS, and PETITIONER will be able to provide UAS safety 

information to those with whom he or she comes in contact. 

Please grant the requested exemption under Section 333.
EXHIBIT 11


<PAGE>






                                                                    EXHIBIT 11


                          FFVA FINANCIAL CORPORATION

             STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE

<TABLE>
<CAPTION>

                                                                 Year Ended December 31,
                                                                  1995(1)        1996
                                                               -----------    -----------
Primary earnings per share:
<S>                                                            <C>            <C>      
  Weighted average number of shares outstanding ............     6,074,184      5,211,750
  Average unallocated ESOP shares ..........................      (266,060)      (231,031)
  Incremental shares attributed to outstanding options......        56,160        156,243
                                                               -----------    -----------
  Weighted average number of common stock
    equivalents ............................................     5,864,284      5,136,962
                                                               ===========    ===========
  Net income ...............................................   $ 6,474,000    $ 5,463,000
                                                               ===========    ===========

Primary earnings per common and common
equivalent share ...........................................   $      1.11    $      1.06
                                                               ===========    ===========

Earnings per share assuming full dilution:
  Weighted average number of shares outstanding ............     6,074,184      5,211,750
  Average unallocated ESOP shares ..........................      (266,060)      (231,031)
  Incremental shares attributed to outstanding options......        56,160        239,576
                                                               -----------    -----------
  Weighted average number of common stock
    equivalents ............................................     5,864,284      5,220,295
                                                               ===========    ===========
  Net income ...............................................   $ 6,474,000    $ 5,463,000
                                                               ===========    ===========
Fully diluted earnings per common and common
equivalent share............................................   $      1.11    $      1.05
                                                               ===========    ===========
</TABLE>


      The  Company  accounts  for the  shares  acquired  by the  Employee  Stock
Ownership Plan ("ESOP") in accordance  with  Statement of Position 93-6:  shares
controlled  by the  ESOP  are not  considered  in the  weighted  average  shares
outstanding until the shares are committed for allocation.

(1) Adjusted to reflect the two-for-one stock split paid June 5, 1996.
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Page 43884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18546]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel.
    Date: September 21, 2018.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, 
MD 20814.
    Contact Person: Minki Chatterji, Scientific Review Officer, 
Scientific Review Branch, Eunice Kennedy Shriver National Institute 
of Child Health and Human Development, NIH, DHHS, 6710B Rockledge 
Drive, Rm. 2121D, Bethesda, MD 20892-7501, 301-827-5435, 
<a href="/cdn-cgi/l/email-protection#d5b8bcbbbebcfbb6bdb4a1a1b0a7bfbc95bbbcbdfbb2baa3"><span class="__cf_email__" data-cfemail="a9c4c0c7c2c087cac1c8ddddccdbc3c0e9c7c0c187cec6df">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: August 22, 2018.
David D. Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-18546 Filed 8-27-18; 8:45 am]
 BILLING CODE 4140-01-P


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<PAGE>

                                  EXHIBIT 23.1

                          INDEPENDENT AUDITORS' CONSENT


     We consent to the incorporation by reference in this Registration Statement
of MDU Communications International, Inc. (the Company) on Form S-8 of our
report dated December 3, 1999 included on Page 14 of the Annual Report on Form
10-KSB/A of the Company for the year ended September 30, 1999 filed with the
Securities and Exchange Commission on April 14, 2000.



/s/  Deloitte & Touche LLP

DELOITTE & TOUCHE LLP

Vancouver, British Columbia

Canada

September 15, 2000
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE 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 June 30, 2019 (the “Report”) of New Mountain Finance Corporation (the “Registrant”), as filed with the United States Securities and Exchange Commission on the date hereof, I, Robert A. Hamwee, the Chief Executive 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/ ROBERT A. HAMWEEName:Robert A. HamweeDate:August 7, 2019
ACCEPTED

14-14-00875-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

1/7/2015 9:19:02 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/7/2015 9:19:02 AM CHRISTOPHER A. PRINE Clerk
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER





Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)





The undersigned executive officer of Alliance Bancorp, Inc. of Pennsylvania (the “Registrant”) hereby certifies that theRegistrant’s Form 10-Q for the quarterly period ended March 31, 2011 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained therein fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





Date:  May 11, 2011

/s/ Dennis D. CirucciDennis D. CirucciPresident and Chief Executive Officer


A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act and has been provided to Alliance Bancorp, Inc. of Pennsylvania and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.