alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment to Revolving Secured Line of Credit Promissory Note



 Exhibit 4.1 

AMENDMENT TO 

RESOLVING SECURED LINE OF CREDIT PROMISSORY NOTE 

This Amendment entered into as of April 27, 2010 by and between the undersigned Borrower (the “Borrower”) and NEW YORK COMMERCIAL BANK,
(the “Bank”). 
 WHEREAS, the Bank extended a revolving line of credit to the Borrower as evidenced by an Amended and
Restated Revolving Secured Line of Credit Promissory Note dated March 6, 2006 in the principal balance of Six Million Dollars ($6,000,000) and increased to Eight Million Dollars ($8,000,000) by amendment dated March 22, 2007 and further
extended by amendment dated July 28, 2009 (the “Note”), (all documents and agreements executed by the Borrower in connection with the Note are hereinafter referred to as the “Loan Documents”), 

WHEREAS, the Borrower has requested, and the Bank has agreed, to make certain amendments to the Note. 

NOW THEREFORE, the parties, intending to be legally bound, hereby agree as follows: 

 

	1.	Any term not defined herein shall have the same meaning as in the Note. 

  

	2.	Section 1. is amended by changing the “Maturity Date” to June 1, 2010. 


 

	3.	The Borrower hereby represents and warrants to the Bank that: 

  

	 	(a)	Each and every one of the representations and warranties set forth in the Loan Documents is true as of the date hereof and with the same effect as though made on the
date hereof, and is hereby incorporated herein in full by reference as if fully restated herein in its entirety. 

  

	 	(b)	No Default or Event of Default and no event or condition which, with the giving of notice or lapse of time or both, would constitute such a Default or Event of Default,
now exists or would exist. 

  

	5.	Except as set forth herein and amended and modified hereby, the Note and Loan Documents have not been amended or modified and remain in full force and effect.


  

	6.	Borrower waives any offset defense or counterclaim Borrower may now have or may have had in the future with regard to the Note and Loan Documents.


 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and delivered on the date first
written above. 
 ACKNOWLEDGMENT AND SIGNATURE PAGE TO FOLLOW 

Amendment to Amended and Restated Revolving Secured Line of Credit 








 Promissory Note 

As of April 27, 2010 
 Page -2- 

 

 Borrower: 

			
	MEDALLION FUNDING LLC


			
		
	By:	 	 /s/ Brian S. O’Leary



			
		
	 Print Name:
	 	 Brian S. O’Leary



			
		
	 Title:
	 	 C.O.O.



Accepted By: NEW YORK COMMERCIAL BANK, 
  

			
	By:	 	 /s/ Dustin Wong

		 	Dustin Wong
		 	Commercial Loan Officer
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JAMIL HOUSTON

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 2965

[ February 25, 2021 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Paul L. Backman , Judge; L.T. Case No. 17

- 5163 CF10A

and 17

- 6385 CF10A

.

Jamil Houston, Wewahitchka, pro se.

Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

L EVINE
, C.J., G ROSS and A RTAU

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
SAT Report

PMN Number: P-13-0209

SAT Date: 1/18/2013

Print Date: 4/1/2013

Related cases:

Concern levels:

Type of Concern: Health Eco Comments

Level of Concern: 2 3

 Persistence Bioaccum Toxicity Comments

2 11

Exposure Based Review:

Health: No

Ecotox: No

Routes of exposure: Health: Dermal Inhalation 

Ecotox: All releases to water

Fate: ;

Keywords:

 Keywords: IRR/CORROSION, LUNG, 

UNCERT-SENS-DERMAL/RESPIRATORY, AQUATOX-A,C

Summary of Assessment:

 Fate:

Fate Summary: P-13-0200-09

FATE: Estimations for MW 441 

Liquid with MP < 25 C (E)

log Kow = 5.01 (E) 

S = Disp. / 1.38 mg/L at 25 C (ICB / E)

VP < 1.0E-6 torr at 25 C (E)

BP > 400 C (E)

H < 1.00E-8 (E)

log Koc = 5.86 (E)
log Fish BCF = 1.85 (E)

log Fish BAF = 1.82 (E) 

POTW removal (%) = 75-90 via sorption and biodeg

Time for complete ultimate aerobic biodeg = wk-mo

Sorption to soils/sediments = strong

PBT Potential: P2B1

*CEB FATE: Migration to ground water = slow

 Health:

 Health Summary: Absorption is poor through the skin, moderate through 

the GI tract, and good through the lungs based on analogs. There is concern for irritation and 

possible corrosion based on the and concern for lung effects if respirable particles are 

inhaled based on cationic binding to lung tissues and the surfactant properties of the PMN 

material. There is also uncertain concern for dermal and respiratory sensitization based on 

smaller . Moderate concern. 

 Ecotox:

Test Organism Test 

Type

Test End 

Point

Predicted Measured Comments

fish 96-h LC50 1.4

daphnid 48-h LC50 0.22

green algal 96-h EC50 0.099

fish _ chronic value 0.031

daphnid _ chronic 

value

0.025

algal _ chronic 

value

0.041

Sewage Sludge 3-h EC50 _

Sewage Sludge _ Chronic 

Value

_

Ecotox Values Comments: Predictions are based on SARs for with 

molecular weight adjustment; SAR chemical class = ; MW 415; liquid; 

log Kow = 4.68 (EPI); S = dispersible in water at 25 C (P); pH7; effective concentrations based 

on 100% active ingredients and mean measured concentrations; hardness < 150.0 mg/L as 

CaCO3; and TOC <2.0 mg/L;

Factors Values Comments

Assessment Factor 10

Concentration of Concern 

(ppb)

3

SARs with molecular weight adjustment

SAR Class

Ecotox Category 
Ecotox Factors Comments: 

 SAT Chair: Becky Jones
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-6393

NAARL RICHARD,

Petitioner - Appellant,

v.

PRITCHARD, Det; JASON ROY, Det; D. BAILEY, Officer; 

M. HUGHES,

Respondents – Appellees.

Appeal from the United States District Court for the District of 

South Carolina, at Rock Hill. Patrick Michael Duffy, Senior 

District Judge. (0:10-cv-02022-PMD)

Submitted: June 30, 2011 Decided: July 6, 2011

Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Naarl Richard, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Naarl Richard, a federal pretrial detainee, appeals 

the district court’s order accepting the recommendation of the 

magistrate judge, in part, and denying relief on his 28 U.S.C.A.

§ 2241 (West 2006 & Supp. 2010) petition. We have reviewed the 

record and find no reversible error. Accordingly, we affirm for 

the reasons stated by the district court. Richard v. Pritchard, 

No. 0:10-cv-02022-PMD (D.S.C. Mar. 7, 2011). 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
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                    YEAR
<FISCAL-YEAR-END>                          DEC-28-1997             DEC-29-1996
<PERIOD-START>                             DEC-30-1996             JAN-01-1996
<PERIOD-END>                               DEC-28-1997             DEC-29-1996
<CASH>                                          11,415                   1,175
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   41,287                  56,469
<ALLOWANCES>                                       500                     465
<INVENTORY>                                    104,117                  97,975
<CURRENT-ASSETS>                               178,192                 184,559
<PP&E>                                       1,249,167               1,240,119
<DEPRECIATION>                                 627,891                 561,965
<TOTAL-ASSETS>                                 880,574                 945,596
<CURRENT-LIABILITIES>                          135,539                 148,293
<BONDS>                                        544,063                 545,971
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        45,831                  44,578
<OTHER-SE>                                    (46,800)                (15,505)
<TOTAL-LIABILITY-AND-EQUITY>                   880,574                 945,596
<SALES>                                        897,492                 925,376
<TOTAL-REVENUES>                               897,492                 925,376
<CGS>                                          837,452                 850,419
<TOTAL-COSTS>                                  837,452                 850,419
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                   599                     465
<INTEREST-EXPENSE>                              65,228                  63,301
<INCOME-PRETAX>                               (49,570)                (40,004)
<INCOME-TAX>                                  (17,350)                (15,200)
<INCOME-CONTINUING>                           (32,220)                (24,804)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (32,220)                (24,804)
<EPS-PRIMARY>                                   (3.61)                  (2.89)<F1>
<EPS-DILUTED>                                   (3.61)                  (2.89)<F2>
<FN>
<F1>RESTATED DUE TO SFAS NO. 128
<F2>RESTATED DUE TO SFAS NO. 128
</FN>
        

</TABLE>
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The Honorable Michael J. Melloy, Chief Judge, United States District Court for 1

the Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-3494

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Northern District of Iowa

Rickie Perkins, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: January 7, 1998

 Filed: February 11, 1998

___________

Before McMILLIAN, HEANEY, and BEAM, Circuit Judges.

___________

PER CURIAM.

Rickie Perkins appeals from the final judgment entered in the United States

District Court for the Northern District of Iowa sentencing Perkins to ten months

1

imprisonment upon revoking his supervised release. For reversal, Perkins argues his

sentence was too harsh in light of the admitted violations of release conditions. For the

reasons discussed below, we affirm the judgment of the district court.
-2-

In January 1996, Perkins pleaded guilty to theft of government funds, in violation

of 18 U.S.C. § 641. The district court sentenced him to twelve months and one day in

prison and two years supervised release, and ordered him to pay restitution of $3,630 to

the United States Railroad Bureau of Unemployment and Sickness Insurance. Perkins&s

supervision commenced in December 1996, and in August 1997, his probation officer

filed a petition asking the district court to issue a summons and revoke supervised

release. At a hearing, Perkins stipulated to the violations alleged in the petition: that he

failed to attend a scheduled appointment with his probation officer; that he was

unemployed and failed to so notify his probation officer; that he failed to show up for

drug testing on several occasions, and tested positive for cocaine on three occasions; that

he failed to make any monthly restitution payments as agreed; and that he was twice

arrested for driving while his license was suspended. The district court found Perkins in

violation of the conditions of supervised release and sentenced him to ten months in

prison, with no additional supervision, providing reasons for a mid-range sentence. 

Title 18 U.S.C. § 3583(e)(3) controls the maximum sentence allowable upon

revocation of supervised release. See United States v. Hensley, 36 F.3d 39, 41-42 (8th

Cir. 1994). Because Perkins&s underlying conviction was a Class C felony, see 18 U.S.C.

§§ 641, 3559(a)(3), he was subject to a maximum two-year term of imprisonment upon

revocation of his supervised release. Id. § 3583(e)(3). Having carefully reviewed the

record, we conclude the district court did not abuse its discretion in imposing a ten-month

revocation sentence. See United States v. Grimes, 54 F.3d 489, 492 (8th Cir. 1995)

(standard of review). Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 31.1
                       CERTIFICATION UNDER SECTION 302
                         OF SARBANES-OXLEY ACT OF 2002

       I, David K. Kopperud, certify that:

       1. I have reviewed this Annual Report on Form 10-K of PSB Holdings, Inc.
(the "registrant");

       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 under which such statements
were 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 registrant
as of, and for, the periods presented in this report;

       4. The registrant's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we 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 registrant,
       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 registrant's disclosure
       controls and procedures and presented in this report our conclusions
       about 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 registrant's internal
       control over financial reporting that occurred during the registrant's
       fourth fiscal quarter that has materially affected, or is reasonably
       likely to materially affect, the registrant's internal control over
       financial reporting; and

       5. The registrant's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrant's auditors and the audit committee of registrant'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 registrant'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 registrant's internal
       control over financial reporting.

Date:  March 11, 2005                   DAVID K. KOPPERUD
                                        David K. Kopperud
                                        President and Chief Executive Officer
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Page 12599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4903]


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

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 (5 U.S.C. App.), 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 Initial Review Group; Function, Integration, and 
Rehabilitation Sciences Subcommittee.
    Date: March 19, 2012.
    Time: 9 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hilton Garden Inn Washington DC/Bethesda, 7301 Waverly 
Street, Bethesda, MD 20814.
    Contact Person: Anne Krey, Ph.D., Scientific Review Officer, 
Division of Scientific Review, Eunice Kennedy Shriver National 
Institute of Child Health and Human Development, NIH, 6100 Executive 
Blvd., Room 5b01, Bethesda, MD 20892, 301-435-6908, <a href="/cdn-cgi/l/email-protection#ed8c86d9dc82ad838485c38a829b"><span class="__cf_email__" data-cfemail="a7c6cc9396c8e7c9cecf89c0c8d1">[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: February 22, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-4903 Filed 2-29-12; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 10.9


2006 AMENDMENT TO

ADESA, INC. 2005 SUPPLEMENTAL

EXECUTIVE RETIREMENT PLAN


Pursuant to its authority under Section VI of the ADESA, Inc. 2005
Supplemental Executive Retirement Plan (the “Plan”), ADESA, Inc. (the “Company”),
acting through its Board of Directors, hereby amends the Plan as follows.


1.                                       Article
III of the Plan is hereby amended by the addition of the following Section
3.3(e) thereto:


“(e)                            Cessation
of Deferral Elections. 
Notwithstanding any provision herein to the contrary, no Deferral
Elections relating to Compensation or Bonuses to be earned or paid on or after
January 1, 2007 shall be accepted by the Administrator.”


2.                                       Section
3.2(f) of the Plan is hereby restated in its entirety to read as follows,
effective as December 2, 2006:


“(f)                              Timing
of Employer Contribution Credits. 
All Employer Contribution Credits with respect to a Participant for a
Plan Year shall be credited on a ratable basis to the Participant’s Employer
Contribution Account as of the first day of each calendar month of such Plan
Year.”


Except as otherwise provided in this “2006 Amendment to the ADESA, Inc.
2005 Supplemental Executive Retirement Plan,” the Plan is hereby ratified and
confirmed in all respects.


Executed this 21st day of December, 2006.


	
  

  	
  ADESA, INC.

  
	
   

  	
   

  
	
   

  	
  /s/ David G. Gartzke

  
	
   

  	
   

  
	
   

  	
  David G. Gartzke

  
	
   

  	
  Chairman of the Board
```

[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Notices]
[Page 37091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15108]

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

DEPARTMENT OF STATE

[Public Notice 7926]

Determination Under Section 620(q) of the Foreign Assistance Act 
of 1961, as Amended, Relating to Assistance to Antigua and Barbuda

    Pursuant to the authority vested in me by section 620(q) of the 
Foreign Assistance Act of 1961, as amended (FAA), Executive Order 
12163, as amended by Executive Order 13346, and Delegation of Authority 
245-1, I hereby determine that continued assistance to Antigua and 
Barbuda is in the national interest of the United States and thereby 
waive the application of section 620(q) of the FAA for such assistance.
    This Determination shall be reported to Congress and published in 
the Federal Register.

    Dated: June 11, 2012.
Thomas R. Nides,
Deputy Secretary of State for Management and Resources.
[FR Doc. 2012-15108 Filed 6-19-12; 8:45 am]
BILLING CODE 4710-29-P
```