alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Extension Letter to Loan and Security Agreement, dated as of June 28, 2005



 Exhibit 10.1 
  

			
	  
 


	 	500 SEVENTH AVENUE
NEW YORK, NY 10018-1502
	 	  
 PHONE: 212-575-4449
FAX: 213-382-3442

		
	 	 	thomas.braunstein@sterlingbancorp.com
www.sterlingbancorp.com
		
	 	 	Thomas Braunstein
First Vice President

  
 June 28, 2005 
  
 Mr. Alvin Murstein 
 Medallion Financial, Inc. 
 437 Madison Ave. 38th Floor 
 New York, NY 10022 
  

			
	 .
	 	 Re: $15,000,000 Revolving Credit Note and Loan
 and
Security Agreement dated April 26, 2004 and
 subsequently extended to June 30, 2005


  
 Dear Mr. Murstein: 
  
 Reference is made to the Loan and Security Agreement (“Agreement”) date April 26,
2004 by and between Medallion Financial Corp. (“Borrower”) and Sterling National Bank (“Lender”) and the underlying Revolving Credit Note (“Promissory Note”), which the Borrower executed in the original principal amount
of fifteen million dollars ($15,000,000.00), which were subsequently extended to June 30, 2005. As you know, the Lender’s obligation to make advances under the Agreement expires, and all amounts due and owing under the Promissory Note and the
Agreement are payable in full, on June 30, 2005, (the “Revolving Credit Termination Date”). Lender is willing to extend the Revolving Credit Termination Date to July 31, 2005 (the “Extended Revolving Credit Termination Date”),
subject to the following terms and conditions: 
  

	 	1.	In the event of any default under the Agreement or the Promissory Note, the loan and all accrued and unpaid interest shall be due and payable immediately upon demand.


  

	 	2.	All other terms and conditions of the Agreement and Promissory Note remain in full force and effect. 

  

	 	3.	The Extended Revolving Credit Termination Date shall be effective upon receipt by the Lender of a copy of this letter signed by the Borrower no later than June 30, 2005.


  
 In order to induce Lender to grant this extension Borrower
hereby represents that: (a) there is no default or event of default under the Agreement, the Note or any other loan document, (b) the principal amount currently outstanding under the Note and the Agreement is $10,700,000.00, and the Borrower has no
claims, defenses or offsets against the payment thereof, and (c) the Borrower ratifies and reaffirms the Note, the Agreement and the other loan documents in their entirety. 
  
 If the foregoing is satisfactory, please have a copy of this letter signed by the Borrower and return the executed copy to me by overnight
delivery service. 
  

	
	 Yours truly,

	 Sterling National Bank

	
	 /s/ Thomas M. Braunstein

	 Thomas M. Braunstein

	 First Vice President


  
 AGREED AND ACCEPTED THIS 28 DAY OF
JUNE, 2005 
  

			
	 Medallion Financial Corp.

		
	By:	 	 /s/ Alvin Murstein

	 	 	 Name: Alvin Murstein

	 	 	 Title: CEO
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 381 Agreed to Senate (ATS)]

106th CONGRESS
  2d Session
S. RES. 381

Designating October 16, 2000, to October 20, 2000, as ``National Teach 
                          For America Week''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 24 (legislative day, September 22), 2000

 Mr. Schumer submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Designating October 16, 2000, to October 20, 2000, as ``National Teach 
                          For America Week''.

Whereas while the United States will need to hire over 2,000,000 new teachers 
        over the next decade, Teach For America has proven itself an effective 
        alternative means of recruiting gifted college graduates into the field 
        of education;
Whereas in its decade of existence, Teach For America's 6,000 corps members have 
        aided 1,000,000 low-income students at urban and rural sites across the 
        United States;
Whereas Teach For America's popularity continues to skyrocket, with a record-
        breaking number of men and women applying to become corps members for 
        the 2000-2001 school year;
Whereas over half of all Teach For America alumni continue to work within the 
        field of education after their two years of service are complete;
Whereas Teach For America corps members leave their service committed to life-
        long advocacy for low-income, underserved children;
Whereas over 100,000 schoolchildren are being taught by Teach For America corps 
        members in 2000; and
Whereas October 16th through 20th will be Teach For America's fourth annual 
        ``Teach For America'' week, during which government members, artists, 
        historians, athletes, and other prominent community leaders will visit 
        underserved classrooms served by Teach For America corps members: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) commends the Teach For America program, and its past 
        and present participants, for its contribution to our Nation's 
        public school system;
            (2) designates the week beginning on October 16, 2000, and 
        ending on October 20, 2000, as ``National Teach For America 
        Week''; and
            (3) encourages Senators and all community leaders to 
        participate in classroom visits to take place during the week.
                                 <all>
```
<PAGE>   1

                                   EXHIBIT 23

                 CONSENT OF ERNST & YOUNG, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-43981, Form S-8 No. 33-63456, Form S-8 No. 33-82108, Form S-8 No.
33-12611 and Form S-8 No. 333-26735) pertaining to the Stock Option Plans of
U.S. Bioscience, Inc. of our report dated February 15, 1999 with respect to the
consolidated financial statements of U.S. Bioscience, Inc. included in this
Annual Report (Form 10-K) for the year ended December 31, 1998.

                                          /s/ ERNST & YOUNG LLP

Philadelphia, Pennsylvania
March 17, 1999
**EXHIBIT 32.2**

 

**CERTIFICATION OF PRINCIPAL**

**FINANCIAL 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 this Quarterly Report of Profire Energy, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the *"Report"*), I, Andrew Limpert, 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: 

 

|   | (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:  | November 18, 2009 |   | By:    | /s/ Andrew Limpert      |   |
|--------|-------------------|--------|--------|-------------------------|--------|
|   |              |   |   | Andrew Limpert          |   |
|   |              |   |   | Chief Financial Officer |   |
|        |                   |        |        |                         |        |  |
Exhibit 3.10
AMENDMENT
Effective June 16, 2011, Article V, Section 1 of the Bylaws of Acapulco Restaurant of Moreno Valley, Inc. ishereby amended and restated in its entirety to read as follows:
“Section 1. The authorized number of directors shall not be less than one (1). The number of directorsshall be determined by the board of directors or by the shareholders. Directors need not be residents of thestate of California nor shareholders of the corporation. The directors, other than the first board ofdirectors, shall be elected at the annual meeting of the shareholders, and each director elected shall serveuntil the next succeeding annual meeting and until his successor shall have been elected and qualified. Thefirst board of directors shall hold office until the first annual meeting of shareholders.”
 
10
III

106TH CONGRESS

1ST SESSION S. RES. 118

Designating December 12, 1999, as ‘‘National Children’s Memorial Day’’.

IN THE SENATE OF THE UNITED STATES

JUNE 14, 1999

Mr. REID (for himself, Mr. DORGAN, Mr. BYRD, Mrs. BOXER, Mr. DODD, Mr.

INOUYE, Mr. KENNEDY, Mr. SMITH of New Hampshire, Mr. HELMS, Mr.

TORRICELLI, Mrs. FEINSTEIN, Mr. AKAKA, Mr. NICKLES, Mr. CRAIG,

Mr. SMITH of Oregon, Mr. ROCKEFELLER, Mr. ABRAHAM, Ms.

LANDRIEU, Mr. BREAUX, Mr. GRAMM, Mr. BRYAN, Mr. CLELAND, Mr.

BENNETT, Mr. HAGEL, Mr. MACK, Mr. DEWINE, Mr. COCHRAN, Mr.

INHOFE, Mr. SESSIONS, Mr. KOHL, Mr. KERREY, Mr. HOLLINGS, Mrs.

MURRAY, Mr. VOINOVICH, Mr. DOMENICI, Mr. LEVIN, Mr. ROBB, Mr.

BAYH, Mr. DURBIN, Mr. EDWARDS, Mr. WARNER, Mr. LAUTENBERG,

Mr. BAUCUS, Mr. ENZI, Mr. BURNS, Mrs. HUTCHISON, Mr. JOHNSON,

Mr. CONRAD, Mr. GRASSLEY, Mr. THURMOND, Mr. BUNNING, Mr. ROBERTS, Mr. MURKOWSKI, Mr. ROTH, Mr. KERRY, Mr. BIDEN, Mr. CRAPO,

Mr. SARBANES Mr. FITZGERALD, and Mrs. LINCOLN) submitted the following resolution; which was referred to the Committee on the Judiciary

NOVEMBER 4, 1999

Reported by Mr. HATCH, without amendment

NOVEMBER 19, 1999

Considered and agreed to

RESOLUTION

Designating December 12, 1999, as ‘‘National Children’s

Memorial Day’’.
2

SRES 118 ATS

Whereas approximately 80,000 infants, children, teenagers,

and young adults of families living throughout the United

States die each year from myriad causes;

Whereas the death of an infant, child, teenager, or young

adult of a family is considered to be 1 of the greatest

tragedies that a parent or family will ever endure during

a lifetime; and

Whereas a supportive environment and empathy and understanding are considered critical factors in the healing

process of a family that is coping with and recovering

from the loss of a loved one: Now, therefore, be it

1 Resolved,

2 SECTION 1. DESIGNATION OF NATIONAL CHILDREN’S ME3 MORIAL DAY.

4 The Senate—

5 (1) designates December 12, 1999, as ‘‘Na6 tional Children’s Memorial Day’’; and

7 (2) requests that the President issue a procla8 mation calling upon the people of the United States

9 to observe the day with appropriate ceremonies and

10 activities in remembrance of the many infants, chil11 dren, teenagers, and young adults of families in the

12 United States who have died.

Æ
**EXHIBIT32.2**

**CERTIFICATIONSPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 Inconnection with the Quarterly Report of U.S. Premium Beef, LLC (the Company) onForm 10-Q for the period ended February 23, 2008 as filed with the Securitiesand Exchange Commission on the date hereof (the Report), I, Scott J. Miller, ChiefReporting and Compliance Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that: 

     (1)The Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and 

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

|   |   |                                                                                                    |
|--------|--------|---------------------------------------------------------------------------------------------------------|
| By:    |   | /s/ Scott J. Miller                                                                                     |
|   |   |                                                                                                    |
|   |   | Scott J. Miller*Chief Reporting and Compliance Officer*

*(Principal Financial and Accounting Officer)* |

Date: April4, 2008
IN THE SUPREME COURT OF THE STATE OF DELAWARE

DINAH JONES and WILLIAM §

POTTER

, §

§ No. 442, 2016

Plaintiff s Below, §

Appellant s

, § Court Below: Superior Court

§ of the State of Delaware

v. §

§ C.A. No. N14C

- 12

- 159

C LYDE SPINELLI, LLC., dba, §

PINE VALLEY APARTMENTS, §

§

Defendants Below, §

Appellee s

. §

Submitted: March 15 , 2017

Decided: March 16 , 2017

Before STRINE , Chief Justice; VAUGHN and SEITZ , Justices

.

O R D E R

This 16 th day of March 201 7 , it appears to the Court that the judgment of

the Superior Court should be affirmed on the basis of and for the reasons assigned

in its Order dated July 8, 2016

. 1

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior

Court is hereby AFFIRMED.

BY THE COURT:

/s/ Leo E. Strine, Jr.

Chief Justice

1 Jones v. Spinelli , C.A. No. N 1 4C

- 12

- 159 (Del. Super. Jul. 8 , 2016) (ORDER)

.
IIA

106TH CONGRESS

1ST SESSION S. J. RES. 4

Proposing an amendment to the Constitution of the United States to provide

that expenditures for a fiscal year shall exceed neither revenues for

such fiscal year nor 19 per centum of the Nation’s gross domestic

product for the last calendar year ending before the beginning of such

fiscal year.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. KYL introduced the following joint resolution; which was read twice and

referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States to provide that expenditures for a fiscal year

shall exceed neither revenues for such fiscal year nor

19 per centum of the Nation’s gross domestic product

for the last calendar year ending before the beginning

of such fiscal year.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when
2

SJ 4 IS

1 ratified by the legislatures of three-fourths of the several

2 States within seven years after the date of its submission

3 for ratification:

4 ‘‘ARTICLE—

5 ‘‘SECTION 1. Except as provided in this article, out6 lays of the United States Government for any fiscal year

7 may not exceed its receipts for that fiscal year.

8 ‘‘SECTION 2. Except as provided in this article, the

9 outlays of the United States Government for a fiscal year

10 may not exceed 19 per centum of the Nation’s gross do11 mestic product for the last calendar year ending before

12 the beginning of such fiscal year.

13 ‘‘SECTION 3. The Congress may, by law, provide for

14 suspension of the effect of section 1 or 2 of this article

15 for any fiscal year for which three-fifths of the whole num16 ber of each House shall provide, by a roll call vote, for

17 a specific excess of outlays over receipts or over 19 per

18 centum of the Nation’s gross domestic product for the last

19 calendar year ending before the beginning of such fiscal

20 year.

21 ‘‘SECTION 4. Total receipts shall include all receipts

22 of the United States Government except those derived

23 from borrowing. Total outlays shall include all outlays of

24 the United States Government except those for the repay25 ment of debt principal.
3

SJ 4 IS

1 ‘‘SECTION 5. This article shall apply to the second

2 fiscal year beginning after its ratification and to subse3 quent fiscal years.’’.

Æ
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-20784 Conference Calendar

ABRAHAM GALVAN, Plaintiff-Appellant,

versus D. DOWNS; J. HENDERSON; D. DICKSON; J.N. BARRATT; KENT RAMSEY, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. H-99-CV-264

-------------------- April 11, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM: * Abraham Galvan, Texas prisoner # 745262, appeals the district court’s judgment dismissing his 42 U.S.C. § 1983 action as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Galvan argues that the district court abused its discretion by not finding that his due process rights were violated and in holding that there was some evidence to support the finding of guilt. Galvan’s claims of a denial of due process and insufficient evidence in connection with his prison disciplinary proceedings are not yet cognizable in a § 1983 action. Edwards v. Balisok ,No. 00-20784 -2- 520 U.S. 641, 647-48 (1997). The district court did not abuse its discretion in dismissing his complaint as frivolous. Siglar v. Hightower , 112 F.3d 191, 193 (5th Cir. 1997). Galvan’s appeal is without arguable merit and is frivolous.
See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5 TH C IR . R. 42.2. Galvan is hereby informed that the dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g), in addition to the strike for the district court’s dismissal. See Adepegba v. Hammons , 103 F.3d 383, 387 (5th Cir. 1996) (“[D]ismissals as frivolous in the district courts or the court of appeals count [as strikes] for the purposes of [§ 1915(g)].”). We caution Galvan that once he accumulates three strikes, he may not proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED AS FRIVOLOUS.
# Jurnalul Oficial C 123A/16 a

| | ISSN 1977-1029 |
| --- | --- |
| Jurnalul Oficial
  al Uniunii Europene | C 123A |
| | |
| Ediţia în limba română | Comunicări şi informări | Anul 6316 aprilie 2020 |

ISSN 1977-1029

Jurnalul Oficial

al Uniunii Europene

C 123A

Ediţia în limba română

Comunicări şi informări

Anul 6316 aprilie 2020

---

| Cuprins | Pagina |
| --- | --- |
| | Rectificări |
| 2020/C 123 A/01 | Rectificare la Anunț de concursuri generale — EPSO/AD/375/20 – Juriști-lingviști (AD 7) de limba daneză (DA) — EPSO/AD/376/20 – Juriști-lingviști (AD 7) de limba greacă (EL) — EPSO/AD/377/20 – Juriști-lingviști (AD 7) de limba franceză (FR) — EPSO/AD/378/20 – Juriști-lingviști (AD 7) de limba croată (HR) — EPSO/AD/379/20 – Juriști-lingviști (AD 7) de limba polonă (PL) ( JO C 72 A, 5.3.2020 ) | 1 |

Cuprins

Pagina

Rectificări

2020/C 123 A/01

Rectificare la Anunț de concursuri generale — EPSO/AD/375/20 – Juriști-lingviști (AD 7) de limba daneză (DA) — EPSO/AD/376/20 – Juriști-lingviști (AD 7) de limba greacă (EL) — EPSO/AD/377/20 – Juriști-lingviști (AD 7) de limba franceză (FR) — EPSO/AD/378/20 – Juriști-lingviști (AD 7) de limba croată (HR) — EPSO/AD/379/20 – Juriști-lingviști (AD 7) de limba polonă (PL) ( JO C 72 A, 5.3.2020 )

( JO C 72 A, 5.3.2020 )

1

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| RO | |
| --- | --- |

RO

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Rectificări

| 16.4.2020 | RO | Jurnalul Oficial al Uniunii Europene | CA 123/1 |
| --- | --- | --- | --- |

16.4.2020

RO

Jurnalul Oficial al Uniunii Europene

CA 123/1

---

Rectificare la Anunț de concursuri generale — EPSO/AD/375/20 – Juriști-lingviști (AD 7) de limba daneză (DA) — EPSO/AD/376/20 – Juriști-lingviști (AD 7) de limba greacă (EL) — EPSO/AD/377/20 – Juriști-lingviști (AD 7) de limba franceză (FR) — EPSO/AD/378/20 – Juriști-lingviști (AD 7) de limba croată (HR) — EPSO/AD/379/20 – Juriști-lingviști (AD 7) de limba polonă (PL)

(
  Jurnalul Oficial al Uniunii Europene C 72 A din 5 martie 2020
  )

(2020/C 123 A/01)

La pagina 1:

în loc de:

„Termenul-limită pentru înscriere: 7 aprilie 2020, ora 12.00 (după-amiaza), ora Bruxelles-ului”,

se citește:

se citește:

„Termenul-limită pentru înscriere: 5 mai 2020, ora 12.00 (după-amiaza), ora Bruxelles-ului”.

La pagina 6:

în loc de:

în loc de:

„Vă puteți depune candidatura online pe site-ul web al EPSO http://jobs.eu-careers.eu până la:

7 aprilie 2020, ora 12.00 (după-amiaza), ora Bruxelles-ului.”,

se citește:

se citește:

„Vă puteți depune candidatura online pe site-ul web al EPSO http://jobs.eu-careers.eu până la:

5 mai 2020, ora 12.00 (după-amiaza), ora Bruxelles-ului.”

---
#### Randall J. BRIGGS, Plaintiff-Appellant, v. Karen CORNWELL, Defendant-Appellee.

No. 83CA0300.

Colorado Court of Appeals, Div. I.

Dec. 29, 1983.

Peter A. Goldstein, Colorado Springs, for plaintiff-appellant.

Laurence A. Ardell, Pueblo, for defendant-appellee.

ENOCH, Chief Judge.

Plaintiff appeals from that portion of the judgment in a personal injury action which denied him prejudgment interest from the date of accrual of the action until the filing date of his complaint. We reverse.

Plaintiff filed this negligence action on February 27, 1981, based upon an accident which occurred on September 12, 1978. A jury verdict was entered for plaintiff, and plaintiff was awarded interest on the judgment from the date of filing. A separate hearing was held on the issue of plaintiffs entitlement to interest on the judgment pri- or to the filing of the complaint, at the conclusion of which the trial court denied plaintiff such interest.

The sole issue on appeal is whether under § 13-21-101, C.R.S.1973 (1982 Cum. Supp.) plaintiff is entitled to interest on the judgment from the date the action accrued. Section 13-21-101(1), C.R.S.1973 (1982 Cum.Supp.), states, in relevant part, that:

> “[O]n and after July 1, 1979, it is lawful for the plaintiff in the complaint to claim interest on the damages alleged from the date the action accrued....”

*1253Defendant argues that since interest statutes are in derogation of the common law, they should be strictly construed, and that the provision in question should therefore be interpreted as applying only to actions accruing after the effective date of the statute, or July 1, 1979.

Where the language of a statute is plain and the meaning clear, the statute must be enforced as written. *People v. Williams,*197 Colo. 559, 596 P.2d 745 (1979). Here, the language of the statute contains no exception for actions which accrued prior to the effective date of the statute but which are filed after the effective date. We hold, therefore, that the statute applies to such claims, and interest should have been awarded from the date the action accrued, September 12, 1978.

Defendant also argues that plaintiff should be denied interest on the judgment before the filing date of his complaint because he failed specifically to request such relief in his complaint. This contention is without merit.

Plaintiffs complaint prayed for “interest as provided by statute.” This was sufficient to comply with C.R.C.P. 8(a). *Jacobson v. Doan,*136 Colo. 496, 319 P.2d 975 (1957).

The judgment as it relates to the denial of interest from the date of accrual of the action is reversed, and the cause is remanded with directions to award interest on the judgment from September 12, 1978 through February 27, 1981.

PIERCE and BABCOCK, JJ., concur.