alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.19


 


First AMENDMENT
TO Promissory note


 


THIS
FIRST Amendment (THE “FIRST AMENDMENT”) DATED July 27, 2018,
shall amend the Promissory note (THE “NOTE”) dated AS OF february 15,
2018 AMONG NON-INVASIVE MONITORING SYSTEMS, INC. (THE “MAKER”) AND Hsu
Gamma Investments, l.p. (THE “PAYEE”) AS NOTED BELOW.


 


RECITALS


 


WHEREAS, Maker and
Payee (collectively, the “Parties”) are parties to the Note which became effective on February 15, 2018; and


 


WHEREAS, the Parties
desire to amend the Note to extend the Maturity Date from July 31, 2018 until July 31, 2020.


 


NOW THEREFORE, in
consideration of the mutual covenants and promises contained in the Note and this First Amendment and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:


 


AMENDMENT


 


1. Section
1 of the Note is hereby amended and restated in its entirety as follows:


 


The principal amount of the loan evidenced
hereby, together with any accrued and unpaid interest, and any and all unpaid costs, fees and expenses accrued, shall be due and
payable on July 31, 2018 (the “Maturity Date”).


 


2. Governing Law.
This First Amendment shall be governed by the laws of the State of Florida without regard to its conflict of laws rules or principles.


 


3. Amendments. Except
as expressly amended hereby, the Note shall remain unmodified and in full force and effect.


 


4. Entire Agreement.
This First Amendment and the Note constitute the entire agreement of the Parties with respect to the subject matter hereof and
supersede all prior understandings and writings between the Parties relating thereto.


 


5. Interpretation.
Any capitalized terms used in this First Amendment but not otherwise defined shall have the meaning provided in the Note.


 


6. Counterparts.
This First Amendment may be executed manually, electronically in Adobe® PDF file format, or by facsimile by the Parties, in
any number of counterparts, each of which shall be considered one and the same amendment and shall become effective when a counterpart
hereof shall have been signed by each of the Parties and delivered to the other Party.


 






    	 



    	 



    

 


IN WITNESS WHEREOF, Borrower has duly
executed this First Amendment to the Note and Security Note as of the 27th day of July, 2018.


 


	 	 	 	NON-INVASIVE MONITORING SYSTEMS, INC. 
	 	 	 	 	 
	 	 	 	
        By:

        
	/s/ James J. Martin
	 	 	 	
        Name:

        
	James J. Martin
	 	 	 	Title:	Chief Financial Officer
	 	 	 	 	 
	Agreed and Accepted:	 	 	 
	 	 	 	 	 
	HSU GAMMA INVESTMENTS, L.P.	 	 	 
	 	 	 	 	 
	By:	/s/ Jane H. Hsiao, Ph.D.	 	 	 
	
        Name:

        
	Jane H. Hsiao, Ph.D.	 	 	 
	
        Title:
	General Partner
#### Tokairin v. Kameda.

24700

01/31/2006

Vacated & remanded
<PAGE>


                                                                    EXHIBIT 99.1

     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report on Form 10-K for the period ended December
31, 2002, of Magnum Hunter Resources, Inc., as filed with the Securities and
Exchange Commission on the date hereof, the undersigned hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

1.        this annual report on Form 10-K 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 this annual report on Form 10-K fairly
          presents, in all material respects, the financial condition and
          results of operations of Magnum Hunter Resources, Inc.

/s/ Gary C. Evans
----------------------------------------
Gary C. Evans, Chairman
President and Chief Executive Officer
(principal executive officer)

Date: March 26, 2003
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

STATE OF FLORIDA , Appellant,

v.

DONALD R OBIN WILLIAMS , Appellee

.

No. 4D 21

- 372

[ September 15, 2021 ]

Appeal from the C ounty Court for the Seventeenth Judicial Circuit, Broward County ; Robert F. Diaz , Judge; L.T. Case No s

. 20

- 004400TC10A and 20

- 000017AC10A

.
Michael J. Satz, State Attorney, and Joanne Lewis, Assistant State Attorney, Fort Lauderdale, for appellant.

No appearance for appellee.

P ER C URIAM

.
The State appeals the sentence imposed by the trial court on appellee for his third driving while license suspended conviction ( “ DWLS ” ). It contends that the trial court failed to impose the mandatory ten

- day jail sentence required under section 322.34(2)(b)2

. , Florida Statutes (2020). For the reasons stated in State v. Lebr u n , No. 4D21

- 330 (Fla. 4th DCA Sept. 15 , 2021) (issued this same date), we reverse, as the statute is clear and unambiguous, requiring a minimum sentence of ten days in jail. As in Lebru n , however, because appellee’s plea was based upon the trial court’s promised sentence, the trial court must first allow appellee to withdraw his plea. See Goins v. State , 672 So. 2d 30, 32 (Fla. 1996).

Reversed and remanded for further proceedings in accordance with this opinion.

C ONNER , C.J., W ARNER and G ROSS , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### State v. Runner

16761

10/17/96

Vacated
EXHIBIT 31.b

I, Marc Teal, certify that:

1.	I have reviewed this quarterly report on Form 10-K of Boston Capital Tax Credit Fund III L.P (the "Fund");



1. Based on my knowledge, this quarterly 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 quarterly report;
2. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this quarterly report;
3. The Fund's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Company and we have:



1. designed such disclosure controls and procedures to ensure that material information relating to the Fund, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;
2. evaluated the effectiveness of the Fund's disclosure controls and procedures as of a date (the "Evaluation Date") within 45 days prior to the filing date of this quarterly report; and
3. presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



1. The Fund's other certifying officer and I have disclosed, based on our most recent evaluation, to the Fund's auditors and the audit committee of the Fund's board of directors (or persons performing the equivalent function):



1. all significant deficiencies in the design or operation of internal controls which could adversely affect the Fund's ability to record, process, summarize and report financial data and have identified for the Fund's auditors any material weaknesses in internal controls; and
2. any fraud, whether or not material, that involves management or other employees who have a significant role in the Fund's internal controls; and



1. The Fund's other certifying officer and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the Evaluation Date, including any corrective actions with regard to significant deficiencies and material weaknesses.



|Date:November20, 2003 | _/s/ Marc N. Teal                    
|--------------------- | -------------------------------------
|                      | Marc N. Teal, Chief
Financial Officer
<PAGE>
                                                                      EXHIBIT 23



               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


                We have issued our report dated November 1, 2002 (except for
Note 3 as to which the date is December 23, 2002), accompanying the financial
statements included in the Annual Report of XATA Corporation on Form 10-KSB, for
the year ended September 30, 2002. We hereby consent to the incorporation by
reference of said report in the Registration Statements of XATA Corporation on
Form S-8 (File Nos. 333-85584, 333-59214, 333-28337, 333-03670, 33-94006,
33-89222 and 33-74148) and Form S-3 and amendments (File No. 333-82905).





                                                       /s/ GRANT THORNTON LLP

Minneapolis, Minnesota
December 23, 2002
I 

114TH CONGRESS 

1ST SESSION H. R. 896 

To amend the Federal Water Pollution Control Act to clarify when the 

Administrator of the Environmental Protection Agency has the authority 

to prohibit the specification of a defined area, or deny or restrict the 

use of a defined area for specification, as a disposal site under section 

404 of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2015 

Mr. GIBBS introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to clarify 

when the Administrator of the Environmental Protection 

Agency has the authority to prohibit the specification 

of a defined area, or deny or restrict the use of a 

defined area for specification, as a disposal site under 

section 404 of such Act, and for other purposes. 

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 ‘‘Regulatory Certainty 

5 Act of 2015’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 896 IH

1 SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. 

2 (a) IN GENERAL.—Section 404(c) of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1344(c)) is 

4 amended— 

5 (1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 

6 (2) in paragraph (1), as so designated, by in7 serting ‘‘during the period described in paragraph 

8 (2) and’’ before ‘‘after notice and opportunity for 

9 public hearings’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(2)(A) The period during which the Adminis12 trator may prohibit the specification (including the 

13 withdrawal of specification) of any defined area as 

14 a disposal site, or deny or restrict the use of any de15 fined area for specification (including the withdrawal 

16 of specification) as a disposal site, under paragraph 

17 (1) shall— 

18 ‘‘(i) begin on the date that the Secretary 

19 provides notice to the Administrator that the 

20 Secretary has completed all procedures for 

21 processing an application for a permit under 

22 this section relating to the specification and is 

23 ready to determine, in accordance with the 

24 record and applicable regulations, whether the 

25 permit should be issued; and 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 896 IH

1 ‘‘(ii) end on the date that the Secretary 

2 issues the permit. 

3 ‘‘(B) The Secretary shall ensure that the period 

4 described in subparagraph (A) consists of not fewer 

5 than 30 consecutive days. 

6 ‘‘(C) The Secretary may issue a permit under 

7 this section only after the Secretary provides notice 

8 to the Administrator in accordance with this para9 graph.’’. 

10 (b) APPLICABILITY.—The amendments made by sub11 section (a) shall apply to a permit application submitted 

12 under section 404(a) of the Federal Water Pollution Con13 trol Act (33 U.S.C. 1344(a)) after the date of enactment 

14 of this Act. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
#### State v. Mitchell

20186

6/9/98

Reversed
#### In the Matter of the Probate of the Will of Bertha Eschen, Deceased.

Surrogate’s Court, Westchester County,

February 13, 1959.

*282*Birnbaum & Birnbaum (McGovern, Vincent & Connelly*of counsel), for petitioner.

*Edward B. Willing*for objectant.

*Ralph J. Marasco,*as special guardian.

Hugh S. Coyle,

County Judge and Acting Surrogate. An examination of proponent as an adverse party before trial will be permitted as to the execution of the propounded instrument *(Matter of Goren,*203 Misc. 609; *Matter of Veeder,*7 Misc 2d 662); as to the testamentary capacity of decedent *(Matter of Korn,*265 App. Div. 987; *Matter of Tanner,*185 Misc. 994); as to the fraud and undue influence allegedly practiced upon the testator *(Matter of Frank,*165 Misc. 411; *Matter of Kaplan,*193 Misc. 129; *Matter of Kreutzburg,*185 Misc. 995); and as to the mental and physical condition of testatrix at, prior and subsequent to the date of the execution of the propounded instrument. *(Matter of Goldman,*6 Misc 2d 663.)

The contestant also seeks to examine as a witness on the ground of special circumstances the wife of proponent. It has been held proper to allow an examination before trial of a witness likely to be hostile where it is shown that the witness was in a position to know the relevant facts. *(Crellin*v. *Van Duzer,*267 App. Div. 744; *Angell*v. *Booth,*169 Misc. 735; *Matter of Egger,*188 Misc. 542; *Matter of McAvoy,*69 N. Y. S. 2d 136.)

The examination will be limited to a period commencing three years prior to the execution of the will and ending with the death of testatrix which occurred less than two years after its execution. *(Matter of Frank,*165 Misc. 411, *supra.)*So much of the relief sought as requests an examination for a period commencing more than three years prior to the execution of the will is denied without prejudice to a renewal of said application upon a proper showing as to the materiality and necessity of such an examination.

The persons to be examined will be required to produce all books, records, correspondence, prior testamentary instruments and memoranda in their possession or under their control bearing upon the subject of such examination. *(Matter of Goren,*203 Misc. 609, *supra; Matter of Goldman,*6 Misc 2d 663, *supra.)*

Settle order on notice, which in the absence of agreement between counsel shall set forth the time and place of such examination. The order should also be settled on notice to the special guardian.
<TABLE>
<CAPTION>

                                                                 EXHIBIT 10.15.3
                                 PROMISSORY NOTE



<S>                                           <C>
   $400,000.00
-------------------------


                                                              Greenville, South Carolina
                                                              February 14, 2002



              FOR VALUE RECEIVED                RSI Holdings, Inc.
                                                ----------------------------------------------------------------------

                               28 EAST COURT STREET, GREENVILLE, SOUTH CAROLINA 29601
----------------------------------------------------------------------------------------------------------------------

promises to pay                                                Charles C. Mickel
                          --------------------------------------------------------------------------------------------

                                714 Crescent Avenue, Greenville, South Carolina 29601
----------------------------------------------------------------------------------------------------------------------

the sum of                         Four Hundred Thousand Dollars and No/100---------------------------
                    --------------------------------------------------------------------------------------------------

        bearing interest only             from          date of this note         at the rate of          7.00%
---------------------------------------            -----------------------------                    ------------------

to be computed and paid quarterly.      Any accrued interest and unpaid principal shall be

be paid in full on or before                                          February 14, 2007
                                        ------------------------------------------------------------------------------


                                                     RSI Holdings, Inc.



                                        By:         /s/ Buck A. Mickel                           3-25-04
                                                    ----------------------------------------------------
                                                     Buck A. Mickel                                         Date
                                                     President & CEO
</TABLE>
#### Walter MELVIN, Petitioner, v. The DISTRICT COURT OF GRADY COUNTY, and the State of Oklahoma, et al., Respondents.

No. O-77-509.

Court of Criminal Appeals of Oklahoma.

Aug. 11, 1977.

*1012OPINION

BRETT, Judge.

Petitioner, Walter Melvin, hereinafter referred to as defendant, was charged in the District Court, Grady County, Case No. CRF-74-140, with the offense of Robbery With Firearms, After Former Conviction of a Felony. He was convicted by a jury, and on May 22,1975, was sentenced to a term of twenty (20) years in the Oklahoma State Penitentiary. On June 1, 1975, prior to his transfer to the penitentiary, he escaped from the Grady County Jail, and although the defendant had been advised of his right to appeal, no appeal was perfected due to his escape from custody. The defendant was recaptured, and thereafter pleaded guilty to the offense of Escape from a penal institution. For that offense he was sentenced to a term of two (2) years’ imprisonment on February 19, 1976. Subsequently, the defendant applied to the District Court, Grady County for a transcript at public expense of the proceedings in Case No. CRF-74-140, for the purpose of applying for post-conviction relief. That application was denied by the District Court in an Order of June 9, 1977, in which the court found that the defendant had by his escape waived appellate relief. The defendant has appealed this denial to this Court, and notwithstanding the fact that his Petition has been filed out of time, we have given full consideration to the merits of his Petition.

The facts in this case closely parallel those of *Brinlee v. State,*Okl.Cr., 554 P.2d 816 (1976). In that case the defendant had appealed his conviction for Murder, but then had escaped while the appeal was pending. The appeal was accordingly dismissed. *Brinlee v. State,*Okl.Cr., 513 P.2d 343 (1973). Subsequently, the defendant petitioned for post-conviction relief, raising substantially the same grounds raised in the dismissed appeal. The Petition was denied *Brinlee, supra,*554 P.2d 816. In that appeal the Court held that by his voluntary escape from custody, the defendant had waived his objection to all errors raised in the original appeal, citing 22 O.S.1971, § 1086.

In the instant case the defendant has raised six alleged errors in his original trial. However, all of these grounds for relief are of such a nature that they could clearly have been raised in an original *appeal*— the *appeal that the defendant waived by escaping.*In accordance with *Brinlee v. State,*Okl.Cr., 513 P.2d 343 (1973), *Brinlee v. State,*Okl.Cr., 554 P.2d 816 (1976), and 22 O.S.1971, § 1086, the decision of the trial court denying the defendant a transcript at public expense is AFFIRMED.

IT IS SO ORDERED.

BUSSEY, P. J., concurs.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Managed Pension Assets Partnership 1989-B, Ltd's balance sheet and statement of
operations contained in its Form 10-K for the year ended December 31, 1996 and
is qualified in its entirety by reference to such fianacial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         142,628
<SECURITIES>                                   0
<RECEIVABLES>                                  251,357
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               393,985
<PP&E>                                         3,730,569
<DEPRECIATION>                                 (2,219,360)
<TOTAL-ASSETS>                                 1,905,194
<CURRENT-LIABILITIES>                          8,915
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1,896,279
<TOTAL-LIABILITY-AND-EQUITY>                   1,905,194
<SALES>                                        706,110
<TOTAL-REVENUES>                               707,342
<CGS>                                          0
<TOTAL-COSTS>                                  249,881<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                380,935
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            380,935
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   380,935
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes lease operating expenses, production taxes and depreciation,
depletion and amortization expense.  Excludes general and administrative and
interest expense.
</FN>
        


</TABLE>