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



EXHIBIT 10.7
 FIRST AMENDMENT TO FIRST AMENDEDAND RESTATED UNSECURED CREDIT AGREEMENT
  RECITALS
   AGREEMENTS
 New Definition
 CFLS Project
 Permitted Investments Section 6.13(b)
  Exhibit B Exhibit B Form of Compliance Certificate Exhibit B (Revised)
Form of Compliance Certificate




---



##### 



Miscellaneous




---



##### 



BORROWER:BIOMED REALTY, L.P., a Maryland limited partnershipBy:
    
    BioMed Realty Trust, Inc., its sole general partnerBy:
    
    /s/ KENT GRIFFINName:
    
    Kent GriffinTitle:
    
    Chief Financial OfficerAddress:
 ADMINISTRATIVE AGENT:KEYBANK NATIONAL ASSOCIATION, a national banking
association, as Administrative AgentBy:
    
    /s/ SCOTT CHILDSName:
    
    Scott ChildsTitle:
    
    Vice PresidentAddress:BANKS:KEYBANK NATIONAL ASSOCIATION, a national banking
associationBy:
    
    /s/ SCOTT CHILDSName:
    
    Scott ChildsTitle:
    
    Vice PresidentAddress:U.S. BANK NATIONAL ASSOCIATION,
a national banking associationBy:
    
    /s/ NICOLE K. WRIGHTName:
    
    Nicole K. WrightTitle:
    
    Vice PresidentAddress:




---



##### 



SOCIETE GENERALEBy:
    
    /s/ C.H. BUTTERWORTHName:
    
    C.H. ButterworthTitle:
    
    DirectorAddress:LASALLE BANK NATIONAL ASSOCIATIONBy:
    
    /s/ JOHN MIXName:
    
    John MixTitle:
    
    SVPAddress:WELLS FARGO NATIONAL ASSOCIATIONBy:
    
    /s/ CARA DANGELOName:
    
    Cara DAngeloTitle:
    
    Vice PresidentAddress:CHARTER ONE BANK, N.A.By:
    
    /s/ MICHELE S. JAWYNName:
    
    Michele S. JawynTitle:
    
    Vice PresidentAddress:WACHOVIA BANK, N.A.By:
    
    /s/ ROBERT P. MACGREGORName:
    
    Robert P. MacGregorTitle:
    
    Vice PresidentAddress:




---



##### 



TD BANKNORTH, N.A.By:
    
    /s/ CHARLES A. WALKERName:
    
    Charles A. WalkerTitle:
    
    Senior Vice PresidentAddress:ROYAL BANK OF CANADABy:
    
    /s/ DAN LEPAGEName:
    
    Dan LePageTitle:
    
    Managing DirectorAddress:SOVEREIGN BANKBy:
    
    /s/ ERIN T. ASLAKSONName:
    
    Erin T. AslaksonTitle:
    
    Assistant Vice PresidentAddress:NATIONAL CITY BANKBy:
    
    /s/ SEAN APICELLAName:
    
    Sean ApicellaTitle:
    
    Assistant Vice PresidentAddress:RAYMOND JAMES BANK, FSBBy:
    
    /s/ LAURENS F. SCHAAD JR.Name:
    
    Laurens F. Schaad Jr.Title:
    
    Vice PresidentAddress:




---



##### 



FIRST HORIZON BANK,a division of First Tennessee BankBy:
    
    /s/ KENNETH W. RUBName:
    
    Kenneth W. RubTitle:
    
    Vice PresidentAddress:MEGA INTERNATIONAL COMMERCIAL BANK, NEW YORK BRANCH
(f/k/a The International Commercial Bank of China, New
York Agency)By:
    
    /s/ TSANG-PEI HSUName:
    
    Tsang-Pei HsuTitle:
    
    VP & Deputy General ManagerAddress:COMERICA BANKBy:
    
    /s/ JAMES GRAYCHECKName:
    
    James GraycheckTitle:
    
    Vice PresidentAddress:COMPASS BANK,an Alabama banking corporationBy:
    
    /s/ JOHANNA DUKE PALEYName:
    
    Johanna Duke PaleyTitle:
    
    Senior Vice PresidentAddress:
<PAGE>   1

                                                                   EXHIBIT 10.52


               IN THE COURT OF COMMON PLEAS OF LOGAN COUNTY, OHIO

Peoples Benefit Life Insurance Company            )
(Through Its Agent AEGON USA Realty               )
Advisors, Inc.) fka Providian Life and Health     )
Insurance Company fka National Home               )
Life Assurance Company,                           )
                                                  )
                        Plaintiff,                )
           vs                                     )      Case No. CV99-02-0035
                                                  )
Brunner Companies Income Properties               )
L.P. III, et al., c/o Brunner Management, L.P.    )
c/o Hull/Storey Development, LLC                  )      Judge Mark S. O'Connor
                                                  )
                        Defendants.               )


                      NOTICE OF SATISFACTION OF JUDGMENT

         NOW COMES, plaintiff, Peoples Benefit Life Insurance Company, by and
through its agent AEGON USA Realty Advisors, Inc., and does hereby provide
notice that the judgment rendered herein in its favor pursuant to that certain
Agreed Order Granting Motion for Summary Judgment filed on July 28, 1999 has
been satisfied in full.

                                      Respectfully submitted,

                                      /s/ Reginald W. Jackson
                                      -----------------------------------
                                      Reginald W. Jackson   (0022885)
                                      Vorys, Sater, Seymour and Pease LLP
                                      52 E. Gay Street
                                      Columbus, OH 43215
                                      (614) 464-5621

                                      Attorneys for Plaintiff
III

106TH CONGRESS

1ST SESSION S. RES. 210

Recognizing and honoring the New York Yankees.

IN THE SENATE OF THE UNITED STATES

OCTOBER 29, 1999

Mr. SCHUMER (for himself, Mr. MOYNIHAN, and Mr. LIEBERMAN) submitted

the following resolution; which was considered and agreed to

RESOLUTION

Recognizing and honoring the New York Yankees.

Whereas the New York Yankees are one of the greatest

sports franchises ever;

Whereas the New York Yankees are the winningest sports

franchise in professional sports history;

Whereas the New York Yankees have won 25 World Series,

the most by any major league franchise;

Whereas the New York Yankees have played 86 seasons in

the city of New York;

Whereas the New York Yankees became a baseball icon in

the 1950’s by winning 5 World Series in a row;

Whereas the New York Yankees’ dominance was ignited in

1920 by the appearance of the indomitable Babe Ruth in

pinstripes;
2

•SRES 210 ATS

Whereas the New York Yankees have retired 11 numbers for

12 baseball legends;

Whereas the New York Yankees have had a player win the

American League batting title 9 times;

Whereas the New York Yankees are represented in the Baseball Hall of Fame by 16 players who were inducted wearing the distinctive New York Yankee cap;

Whereas the New York Yankees have fielded teams such as

the 1927 ‘‘Murderers’ Row’’; and

Whereas the New York Yankees have finished the 20th century meeting the standards they set throughout it: Now,

therefore, be it

1 Resolved,

2 SECTION 1. CONGRATULATION AND COMMENDATION.

3 The Senate recognizes and honors the New York

4 Yankees—

5 (1) for their storied history;

6 (2) for their many contributions to the national

7 pastime; and

8 (3) for continuing to carry the standards of

9 character, commitment, and achievement for base10 ball and for the State of New York.

11 SEC. 2. TRANSMITTAL OF RESOLUTION.

12 The Senate directs the Secretary of the Senate to

13 transmit an enrolled copy of this resolution to the New
3

•SRES 210 ATS

1 York Yankees owner, George Steinbrenner, and to the

2 New York Yankees manager, Joe Torre.

Æ
#### STATE ex rel. Robert TASSIN v. STATE of Louisiana.

No. 87-KH-2611.

Supreme Court of Louisiana.

Jan. 8, 1988.

In re Tassin, Robert; applying for remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “J”, No. 86-3579.

Granted in part; denied in part. Relator’s request for his appeal records is granted and he is to be. furnished the requested records, checking them out through Mrs. Dora Rabalais of Angola’s Legal Services Office, who will assume responsibility for their return. Relator’s request for his police report is denied. Although relator has the right to the initial police report, (R.S. 44:32(C)(1), he must first direct his request to the custodian of that record.
**EXHIBIT
      32.2**


**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
      OF
      2002**








I,
      John
      M. Vise, Chief Financial Officer of ECCO Energy Corp. hereby certify, pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002, that:





|(1) | the
              Annual Report on Form 10-KSB for the period ended December 31, 2006
              (the
              “Annual Report”) which this statement accompanies fully complies with the
              requirements of Section 13 (a) or 15 (d) of the Securities Exchange
              Act of
              1934 (15 U>S>C> 78m or 78o(d))
              and
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|(2) | information
              contained in the Annual report fairly presents, in all material respects,
              the financial condition and results of operations of ECCO Energy
              Corp.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




By:/s/ John M. ViseName:
                John M. ViseTitle:
                CFO








Date:  March
      30,
      2007





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.
#### Larry Eugene SKELTON, Appellant, v. The STATE of Oklahoma, Appellee.

No. F-83-319.

Court of Criminal Appeals of Oklahoma.

Nov. 21, 1983.

Order Reversing Conviction and Remanding for New Trial.

Larry Eugene Skelton has appealed his LeFlore County District Court conviction for Burglary of an Automobile, After Former Conviction of Two Felonies. He was sentenced to twenty years’ imprisonment.

This case must be reversed and remanded for the reason that the appellant was represented at trial by the same attorney who prosecuted the case at the arraignment and preliminary hearing as the Assistant District Attorney. Reversal is mandated notwithstanding the appellant’s waiver of objection to representation by that attorney.

This Court has condemned such behavior in the past. See, *Roberts v. State,*72 Okl.Cr. 384, 115 P.2d 270 (1941) superceded on rehearing, 72 Okl.Cr. 392, 117 P.2d 174 (1941), 115 P.2d at 273. Furthermore, it is prohibited both by statute and the Code of Professional Responsibility. See, 21 O.S. 1981, § 556; 5 O.S.1981, ch. 1, App. 3 DR 9-101(B).

In dealing with a similar but not analogous situation, this Court stated, “The public has a right to absolute confidence in the integrity and impartiality of the administration of justice.” *Howerton v. State,*640 P.2d 566 (Okl.Cr.1982) at 568. We therefore reemphasize that, notwithstanding the willingness of a defendant to be represented by an attorney who is presumably familiar with the State’s case by virtue of having been the prosecutor, such a situation creates a pervasive atmosphere of impropriety which cannot be waived. Under no circumstances should such a situation be allowed to arise in the future.

IT IS SO ORDERED.

WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 21st day of November, 1983.

HEZ J. BUSSEY, P.J.

TOM R. CORNISH, J.

TOM BRETT, J.
106TH CONGRESS

2D SESSION S. J. RES. 55

JOINT RESOLUTION

To change the date for counting the electoral votes in 2001.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the Senate and House of Representatives shall meet

4 in the Hall of the House of Representatives at the hour

5 of 1 o’clock in the afternoon on the fifth day of January,

6 2001, and the President of the Senate shall be their pre7 siding officer. Two tellers shall be previously appointed on

8 the part of the Senate and two on the part of the House

9 of Representatives, to whom shall be handed, as they are

10 opened by the President of the Senate, all the certificates

11 and papers purporting to be certificates of the electoral

12 votes, which certificates and papers shall be opened, pre13 sented, and acted upon in the alphabetical order of the

14 States, beginning with the letter A; and said tellers, hav15 ing then read the same in the presence and hearing of

16 the two Houses, shall make a list of the votes as they shall

17 appear from the said certificates; and the votes having

18 been ascertained and counted in the manner and according
2

SJ 55 ES

1 to the rules by law provided, the result of the same shall

2 be delivered to the President of the Senate, who shall

3 thereupon announce the state of the vote, which announce4 ment shall be deemed a sufficient declaration of the per5 sons, if any, elected President and Vice President of the

6 United States, and, together with a list of the votes, be

7 entered on the Journals of the two Houses.

Passed the Senate October 24 (legislative day, September 22), 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. J. RES. 55

JOINT RESOLUTION

To change the date for counting the electoral votes

in 2001.
[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Notices]
[Page 2612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-758]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Project Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Project Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Wednesday, February 8, 2012.

FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-(888) 912-1227 or 
(718) 488-3557.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Tax Forms and 
Publications Project Committee will be held Wednesday, February 8, 
2012, at 2 p.m. Eastern Time via telephone conference. The public is 
invited to make oral comments or submit written statements for 
consideration. Due to limited conference lines, notification of intent 
to participate must be made with Ms. Knispel. For more information 
please contact Ms. Knispel at 1-(888) 912-1227 or (718) 488-3557, or 
write TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 
11201, or post comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: January 11, 2012.
Shawn Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2012-758 Filed 1-17-12; 8:45 am]
BILLING CODE 4830-01-P
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GABINO MACARIO-VENTURA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-73634

Agency No. A200-050-038

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 12, 2013**

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.

Gabino Macario-Ventura, a native and citizen of Guatemala, petitions pro se

for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his

appeal from an immigration judge’s decision denying his application for asylum,

withholding of removal, and protection under the Convention Against Torture

(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for

FILED

FEB 14 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-73634

substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056

(9th Cir. 2009). We deny the petition for review.

Substantial evidence supports the agency’s finding that anonymous written

threats to the family received by Macario-Ventura’s father on two or three

occasions do not rise to the level of past persecution. See Nahrvani v. Gonzales,

399 F.3d 1148, 1153 (9th Cir. 2005) (telephone and written threats, without any

personal confrontation, did not rise to the level of persecution in light of all

surrounding events). Substantial evidence also supports the agency’s finding that

Macario-Ventura did not establish a well-founded fear of future persecution,

especially given that Macario-Ventura remained in Guatemala for at least one year

after the last threat was received, see Castillo v. INS, 951 F.2d 1117, 1122 (9th Cir.

1991) (“When determining the objective reasonableness of an alien’s claim of

well-founded fear of persecution the BIA may properly consider as significant a

petitioner’s continued safe and undisturbed residence in his homeland after the

occurrence of the event which is alleged to have induced his fear.”), and because

Macario-Ventura’s father and brother continue to reside in Guatemala unharmed,

see Hakeem v. INS, 273 F.3d 812, 816 (9th Cir. 2001) (claim of fear of persecution

undercut when similarly situated family members continue to live in country

without incident). Accordingly, Macario-Ventura’s asylum claim fails.
3 10-73634

Because Macario-Ventura did not establish eligibility for asylum, he

necessarily failed to meet the more stringent standard for withholding of removal. 

See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006). 

Finally, substantial evidence supports the BIA’s denial of CAT relief

because Macario-Ventura failed to demonstrate that it is more likely than not that

he will be tortured if returned to Guatemala. See Nahrvani, 399 F.3d at 1154.

PETITION FOR REVIEW DENIED.
SERVED MAY 24, 2011 ..•:TO-EnAl!Gri[: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

AMERICAN DISCOUNT BEAUTY SUPPLY 

FAA DOCKET No. [To be assigned] 

(Civil Penalty Action) 

DMS NO. FAA-2011-0062 

ORDER OF DISMISSAL 

On February 2, 2011, the Federal Aviation Administration (hereinafter referred to 

as "Complainant") filed a Complaint. Respondent American Discount Beauty Supply 

(hereinafter referred to as "Respondent") had on January 25, 2011 filed a Request for 

Hearing. 

On May 18, 2011, Complainant withdrew its Complaint, citing settlement. 

14 C.F.R. § 13.215 states: *'At any lime before or during a hearing, an agency 

attorney may withdraw a complaint or party may withdraw a request for a hearing 

without the consent of the administrative law judge. If an agency attorney 

withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings imder this 

subpart with prejudice." 

WHEREFORE, the within filed Withdrawal of Complaint having been read and 

considered, it is ORDERED as follows: 

1. Complainant's Withdrawal of Complaint is hereby granted; and 

2. This proceeding be and is hereby dismissed widi prejudice. 
s o ORDERED. 

r 0 

Richard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 
FDMS No. FAA-20n-0062 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Jean Simon Riendeau 

American Discount Beauty Supply, Respondent 

9215 W.Pico Blvd. 

Los Angeles, CA 90035 

TEL: 310-274-3724 

FAX: 310-815-8253 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Southern Region, ASO-7 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Richard C. Goodwin, Administrative Law Judge 

OfPce of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

202-366-7536 Fax 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 800 Independence Avenue, S.W., Wilbur Wright Building—Suite 2WI000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 Cogent, Inc. (the Company) on Form 10-Q for
the quarterly period ended March 31, 2008 as filed with the Securities and Exchange Commission (the Report), I, Ming Hsieh, Chief Executive 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 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. That the information contained
in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

This
certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.

Dated: May 27, 2008



|                                                                   
|-------------------------------------------------------------------
|                                                                   
|/s/    MING HSIEH                                                  
|Ming Hsieh                                                         
|President and Chief Executive Officer (Principal Executive Officer)
TEST DATA REVIEW ENGINEERING REPORT

P-11-0234

Post-Focus Draft Revision 2 4/28/2011

ENGINEER: Arnold \ BCS

PV (kg/yr): 

Revision Notes/Assessment Overview:

SUBMITTER:

USE:

OTHER USES:

MSDS: Yes LABEL: No

Gen Eqpt: safety glasses, protective gloves, protective suit

Respirator: No personal respiratory protective equipment normally required

Health Effects: Contact with dust can cause mechanical irritation or drying of the skin // May cause eye, skin, and 

respiratory tract irritation.

TLV/PEL: - none established

CRSS: (3/14/2011):

VP: 5.0E-6 torr @ 

MW: 

Physical State and Misc CRSS Info:

 

 

Consumer Use:

SAT (concerns): (3/15/2011):

Related Cases and Misc SAT Info:

Migration to groundwater: Slow

PBT rating: P2 B2 T1 .

Health: 1, Low Concern, 

Eco: 3, Water (All releases to water with a CC = 1 ppb), 

OCCUPATIONAL EXPOSURE RATING: 2-3B

NOTES & KEY ASSUMPTIONS:

Generated by the 06/07/2005 version of ChemSTEER. 

EPA SANITIZED Page 1 of 4
POLLUTION PREVENTION CONSIDERATIONS:

P2 REC:

EXPOSURE-BASED REVIEW: 

EPA SANITIZED Page 2 of 4
P-11-0234

MFG: 

Number of Sites/Location: 

Basis:

Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY

IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources 

to the same medium. 

RELEASE TOTAL

 kg/yr - sites

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY

Tot. # of workers exposed via assessed routes: 

Basis: 

EPA SANITIZED Page 3 of 4
P-11-0234

PROC/USE: 

Number of Sites/Location: 

 

Basis:

Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY

IRER Note: The daily releases listed for any source below may coincide with daily releases from the other sources 

to the same medium. 

RELEASE TOTAL

 kg/yr - sites

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY

Tot. # of workers exposed via assessed routes: 

Basis: 

EPA SANITIZED Page 4 of 4