alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TENTH AMENDMENT TO AMENDED AND RESTATED
                          LOAN AND SECURITY AGREEMENT

THIS TENTH AMENDMENT TO AN AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is
entered into as of the 7th day of December, 2000 among Deutsche Financial
Services Corporation, Deutsche Financial Services a division of Deutsche Bank
Canada and Gehl Company and its subsidiaries, including but not limited to
Hedlund Martin, Inc., Gehl Power Products, Inc., and Mustang Manufacturing
Company, Inc. (all collectively hereinafter referred to as "Gehl").

                                   RECITALS:
                                   --------
A.   Deutsche Financial Services Corporation and Gehl Company entered into that
     certain "Loan and Security Agreement" dated the 1st day of October, 1994,
     which as from time to time has been amended and restated (as amended and
     restated is hereinafter referred to as the "Agreement") pursuant to which
     financing is being provided Gehl.
B.   The parties hereto desire to modify the terms of "Exhibit A" of the
     Agreement as herein provided.

                                   AGREEMENT:
                                   ---------
NOW THEREFORE, for and in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the undersigned agree as follows:

"Exhibit A" of the Agreement is modified by the deletion of

     (i)     A(3),
     (ii)    B(1),
     (iii)   B(2),
     (iv)    B(3), and
     (v)     C(2), therefrom

and the addition of the following to Outside Warehouses as Item C(3):
                                     ------------------
     Pierce Distribution Services Company
     888 Landmark Drive,
     Belvidere, IL 61008.

GEHL COMPANY                           GEHL POWER PRODUCTS, INC.

By: /s/ Kenneth P. Hahn                By: /s/ Kenneth P. Hahn
   -------------------------------         -------------------------------
   Kenneth P. Hahn V.P.                    Kenneth P. Hahn, V.P.
   (Name & Title)                          (Name & Title)

HEDLUND MARTIN, INC.                   MUSTANG MANUFACTURING, INC.

By: /s/ Kenneth P. Hahn                By: /s/ Kenneth P. Hahn
   -------------------------------         -------------------------------
   Kenneth P. Hahn, Treasurer               Kenneth P. Hahn, V.P.
   (Name & Title)                          (Name & Title)

DEUTSCHE FINANCIAL SERVICES CORPORATION
By:   /s/
   -------------------------------

DEUTSCHE FINANCIAL SERVICES, a division of DEUTSCHE BANK CANADA
By:  /s/
   -------------------------------
DEPi Of TRANS: 

M- \i R 

OST-2010-0046 

USDOT Secretary 

Dear Sir: 

If you were told that soon your life would change drastically because a 

handful of people want it that way, would you be mad? Especially, if no 

one asked your opinion, and they should have done so. We feel that way 

so ask us to vote and we will give our opinion to keep mountain time. 

Rural Resident 

Mercer County
United States Court of Appeals

Fifth Circuit

FILED

April 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-21027

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARLOS RODRIGUEZ-MARTINEZ,

Defendant-Appellant.

 

Appeal from the United States District Court

 for the Southern District of Texas

 

Before GARWOOD, JOLLY and SMITH, Circuit Judges.

PER CURIAM:

Carlos Rodriguez-Martinez pleaded guilty to transportation of

illegal aliens under circumstances that placed the life of a person

in jeopardy in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii) and

(v)(II). He was sentenced to thirty-seven months’ imprisonment and

five years’ supervised release. Rodriguez-Martinez appeals his

sentence only and argues that the district court committed plain

error by sentencing him to five years’ supervised release, a term
2

in excess of the three year statutory maximum under 18 U.S.C. §

3559(a)(3). This contention was not raised in any form below. He

asks this court to vacate his sentence and remand for resentencing.

The Government concedes plain error. The authorized term of

imprisonment for a violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and

(v)(II) is not more than twenty years. 8 U.S.C. §

1324(a)(1)(B)(iii). This makes Rodriguez-Martinez’s offense a

Class C felony. 18 U.S.C. § 3559(a)(3). The authorized term of

supervised release for a Class C felony is not more than three

years. 18 U.S.C. § 3583(b)(2).

The sentence of five years’ supervised release meets the plain

error standard. United States v. Moreci, 283 F.3d 293, 300 (5th

Cir. 2002). The only disagreement between the defendant and the

Government is whether to remand for resentencing, or merely to

modify the term of supervised release. There is no need to remand.

The district court, having previously imposed the maximum five-year

supervised release term (and sentenced to the guideline maximum

term of imprisonment), would most likely impose the maximum of

three years’ supervised release again on remand. See United States

v. Hord, 6 F.3d 276, 280 n.8 (5th Cir. 1993); United States v.

Johnson, 961 F.2d 1188, 1189 (5th Cir. 1992). Rodriguez-Martinez’s

term of supervised release is accordingly modified to a term of

three years.

AFFIRMED AS MODIFIED.
Exhibit  32
-----------

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTIONS 1350
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with  the  Quarterly  Report  of  Seamless Wi-Fi,  Inc (the
"Company") on Form 10-QSB for the period ending September 30, 2005 as filed with
the  Securities  and  Exchange  Commission  on  the  date  hereof
(the  "Report"),  I,  the  undersigned in the capacity and on the date indicated
below,  hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18  U.S.C.  Section  1350),  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. The information contained in the Report fairly presents, in all Material
     respects, the financial condition and results of operations of the Company.


     Date:  November  9,  2005

     /s/  Albert  R.  Reda
     ---------------------
     Chief  Executive  Officer


                                       26
<PAGE>
#### In the Matter of Omar B. Suffolk County Department of Social Services, Respondent; Diane S., Appellant.

In five consolidated proceedings pursuant to Social Services Law § 384-b to terminate the parental rights of the natural mother of the subject children, the mother appeals (1) from a dispositional order of the Family Court, Suffolk County (Doyle, J.), dated September 18, 1987, which, after a fact-finding hearing, terminated her parental rights on the ground that she is now and for the foreseeable future will be unable by reason of mental illness to provide proper and adequate care for her children, and (2) by permission, from so much of an order of the same court, dated January 20, 1988, as denied her motion for a new trial.

Ordered that the order dated September 18, 1987, is affirmed, and the order dated January 20, 1988, is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Family Court’s findings that clear and convincing evidence was presented establishing that the appellant was, by reason of mental illness, unable to provide proper and adequate care for her children at the time of the hearing, and that she would be unable to do so for the foreseeable future *(see,*Social Services Law § 384-b [4] [c]). The court-appointed psychiatrist examined the appellant several weeks before the hearing and reviewed medical records from four separate facilities indicating that the appellant had received treatment for a condition diagnosed as chronic schizophrenia. Based on the examination and his review of the medical records, the psychiatrist testified unequivocally that the appellant was suffering from "residual schizophrenia”, a mental illness, which, in his expert opinion, prevented her both presently and for the foreseeable future, from adequately caring for her five children *(see, Matter of Hime Y.,*52 NY2d 242; *Matter of Nelson C.,*150 AD2d 683). The Family Court did not err in permitting the court-appointed psychiatrist to express his opinion based in part on medical records that were not admitted into evidence at the hearing, but were clearly the kind of materials accepted in the profession as reliable in forming an opinion *(cf, People v Stone,*35 NY2d 69; *see also,*Carrieri, Practice Commentary, McKinney’s Cons Laws of NY, Book 52A, Social Services Law § 384-b, at 140).

We also conclude that the Family Court properly denied, *835without a hearing, the appellant’s motion for a new trial which was based on a claim that she did not receive effective assistance of counsel. Upon our review of the record, we find that the appellant’s assigned attorney provided her with meaningful and constitutionally adequate legal representation *(see, Matter of Erin G.,*139 AD2d 737, 739; *People v Satterfield,*66 NY2d 796; *People v Baldi,*54 NY2d 137).

We have considered the appellant’s remaining contentions and find them to be without merit. Mangano, P. J., Eiber, O’Brien and Ritter, JJ., concur.
Exhibit 23.1







CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We consent to the incorporation by reference in the Registration Statements of Encorium Group, Inc. on Form S-8 (File Numbers 333-139337, 333-138305 and 333-115737) of our report dated April 19, 2010, relating to the 2009 consolidated financial statements and to the adjustments to the 2008 financial statements that were applied to reclassify certain amounts related to operations discontinued during 2009 and to record the retrospective effects of the reverse stock split on February 16, 2010 of Encorium Group, Inc., appearing in this Annual Report on Form 10-K of Encorium Group, Inc. for the year ended December 31, 2009.






/s/ Asher & Company, LTD




Philadelphia, Pennsylvania





April 19, 2010
115TH CONGRESS 

2D SESSION H. R. 4296 

AN ACT 

To place requirements on operational risk capital requirements for banking organizations established by an appropriate Federal banking agency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4296 EH

1 SECTION 1. OPERATIONAL RISK CAPITAL REQUIREMENTS 

2 FOR BANKING ORGANIZATIONS. 

3 (a) IN GENERAL.—An appropriate Federal banking 

4 agency may not establish an operational risk capital re5 quirement for banking organizations, unless such require6 ment— 

7 (1) is based primarily on the risks posed by a 

8 banking organization’s current activities and busi9 nesses; 

10 (2) is appropriately sensitive to the risks posed 

11 by such current activities and businesses; 

12 (3) is determined under a forward-looking as13 sessment of potential losses that may arise out of a 

14 banking organization’s current activities, businesses, 

15 and exposures, which is not solely based on a bank16 ing organization’s historical losses; and 

17 (4) permits adjustments based on qualifying 

18 operational risk mitigants. 

19 (b) DEFINITIONS.—For purposes of this section: 

20 (1) APPROPRIATE FEDERAL BANKING AGEN21 CY.—The term ‘‘appropriate Federal banking agen22 cy’’— 

23 (A) has the meaning given such term 

24 under section 3 of the Federal Deposit Insur25 ance Act; and 
3 

•HR 4296 EH

1 (B) means the National Credit Union Ad2 ministration, in the case of an insured credit 

3 union. 

4 (2) BANKING ORGANIZATION.—The term 

5 ‘‘banking organization’’ means— 

6 (A) an insured depository institution (as 

7 defined under section 3 of the Federal Deposit 

8 Insurance Act); 

9 (B) an insured credit union (as defined 

10 under section 101 of the Federal Credit Union 

11 Act); 

12 (C) a depository institution holding com13 pany (as defined under section 3 of the Federal 

14 Deposit Insurance Act); 

15 (D) a company that is treated as a bank 

16 holding company for purposes of section 8 of 

17 the International Banking Act; and 

18 (E) a U.S. intermediate holding company 

19 established by a foreign banking organization 

20 pursuant to section 252.153 of title 12, Code of 

21 Federal Regulations. 

22 SEC. 2. REDUCTION OF SURPLUS FUNDS OF FEDERAL RE23 SERVE BANKS. 

24 (a) IN GENERAL.—Section 7(a)(3)(A) of the Federal 

25 Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by 
4 

•HR 4296 EH

1 striking ‘‘$7,500,000,000’’ and inserting 

2 ‘‘$7,468,571,428’’. 

3 (b) EFFECTIVE DATE.—Subsection (a) shall take ef4 fect on May 1, 2018. 

Passed the House of Representatives February 27, 

2018. 

Attest: 

Clerk. 

115TH CONGRESS 

2D SESSION H. R. 4296 

AN ACT 

To place requirements on operational risk capital 

lished by an appropriate Federal banking agency. requirements for banking organizations estab-
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[Extensions of Remarks]
[Page E1357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                      IN RECOGNITION OF ROB RIGSBY

                                 ______
                                 

                          HON. DORIS O. MATSUI

                             of california

                    in the house of representatives

                         Tuesday, July 31, 2012

  Ms. MATSUI. Mr. Speaker, I rise today to honor the service of Mr. Rob 
Rigsby as he retires from the United States General Services 
Administration and his post at the Robert T. Matsui United States 
Courthouse. As his wife Marilyn, his friends and colleagues all gather 
to celebrate his outstanding career, I ask my colleagues to join me in 
tribute to Rob and his almost four decades of public service.
  Throughout his 37-year career in federal service, the last 13 years 
at the Robert T. Matsui United States Courthouse, Rob has become a 
well-loved and respected leader among his colleagues and building 
occupants. Rob began his post as Building Manager the day the building 
opened in 1999. Since then, he has been a loyal and hard working member 
of the building team and has devoted his time to making Sacramento's 
federal courthouse the remarkable building that it is today.
  My late husband, Congressman Robert Matsui, and I have had our 
district offices in the courthouse that Rob manages. I have got to know 
him over the years and always appreciated his attention to detail and 
customer service. Rob is no stranger to my district staff, who I know 
share my appreciation for his work. We will always be thankful for all 
that he has done to make both the Robert T. Matsui United States 
Courthouse and my district office an inviting place for all of my 
constituents.
  Beyond his work, Rob has always had a passion for travel and upon his 
retirement, he will be leaving us to embark on a new journey as the 
owner of Ships and Trips Travel. I also understand that he will be 
taking a much deserved cruise.
  Mr. Speaker, as Rob Rigsby prepares to retire from federal service, I 
ask my colleagues to join me in wishing him good fortune in his future 
endeavors. Rob has truly been a wonderful member of the federal family 
and will be missed by all of his friends and colleagues. I wish him 
well on the next chapter of his life.

                          ____________________
```
Exhibit  32
-----------

                CERTIFICATION 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  Alpha  Wireless Broadband
(the "Company") on Form 10-QSB for the period ending September 30, 2004 as filed
with  the  Securities  and  Exchange  Commission  on  the  date  hereof
(the  "Report"),  I,  the  undersigned in the capacity and on the date indicated
below,  hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18  U.S.C.  Section  1350),  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.  The  information  contained  in the Report fairly presents, in all
          material  respects,  the financial condition and results of operations
          of  the  Company.


                                                         Date: February 28, 2005

                                                         /s/ Albert R. Reda
                                                         --------------------
                                                         Chief Executive Officer


<PAGE>
**Order of the Court of First Instance (Eighth Chamber) of 2 June 2008 – WWF‐UK v Council**

**(Case T-91/07)**

Action for annulment – Regulation (EC) No 41/2007 – Recovery of cod stocks – Setting of the TACs for 2007 – Measure of general application – Not affected individually – Inadmissibility

1.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation fixing for
2007 the total allowable catches for cod fishing in the areas covered by the regulation establishing measures for the recovery
of cod stocks (Art. 230, fourth para., EC; Council Regulations Nos 423/2004 and 41/2007) (see paras 64-79)*

2.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation fixing for
2007 the total allowable catches for cod fishing in the areas covered by the regulation establishing measures for the recovery
of cod stocks (Art. 230, fourth para., EC; European Parliament and Council Regulation No 1367/2006; Council Regulations Nos
423/2004 and 41/2007; Council Decision 2005/370) (see paras 81-82)*

3.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Misuse of powers –
Seriousness of the failure of the institution concerned to fulfil obligations – No effective judicial protection against that
failure – Interpretation, contrary to law, of the requirement of being individually concerned – Inadmissibility (Art. 230,
fourth para., EC) (see paras 85-88)*

**Re:**

| | |
| --- | --- |
| | ACTION for partial annulment of Council Regulation No 41/2007 of 21 December 2006 fixing for 2007 fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2007 L 15, p. 1), in so far as it fixes the total allowable catches (‘TAC’) for 2007 in respect of the fishing of cod in the areas covered by Council Regulation No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (OJ 2004 L 70, p. 8). |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action as inadmissible; |

| | | |
| --- | --- | --- |
| 2. | | Orders WWF-UK Ltd to bear its own costs and pay those incurred by the Council; |

| | | |
| --- | --- | --- |
| 3. | | Orders the Commission to bear its own costs. |
**ORDER OF MULTIDISTRICT LITIGATION PANEL**

Order Pronounced November 29, 2005

03-0895UNION CARBIDE v. AUDREY AMELIA ADAMS, ET AL.

Order Concerning Pre-September 1, 2003 Asbestos Cases

On December 30, 2003 this panel granted a motion to transfer certain asbestos cases to a pretrial judge pursuant to Rule of Judicial Administration 13.  On January 13, 2004 the panel named Judge Mark Davidson, Judge of the 11th District court of Harris County, as pretrial judge and transferred the cases to him.  

At that time the panel's authority was limited to civil actions filed on or after September 1, 2003. During the last legislative session, however, the Legislature amended the Civil Practice and Remedies Code by adding Chapter 90, entitled "Claims Involving Asbestos and Silica." Section 90.010 applies the MDL rules retroactively to pending cases involving claims for asbestos-related injuries filed before September 1, 2003, with certain exceptions.  

The panel hereby designates Judge Davidson as the pretrial judge in any cases that were filed before September 1, 2003 and that are transferred to MDL pursuant to section 90.010 or any rules promulgated by the Supreme Court to effectuate Chapter 90.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Reported in Senate (RS)]

                                                       Calendar No. 213
114th CONGRESS
  1st Session
                                S. 1104

                          [Report No. 114-133]

     To extend the deadline for commencement of construction of a 
            hydroelectric project involving the Gibson Dam.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2015

  Mr. Daines (for himself, Mr. Tester, and Mr. Risch) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 9, 2015

              Reported by Ms. Murkowski, without amendment

_______________________________________________________________________

                                 A BILL

 
     To extend the deadline for commencement of construction of a 
            hydroelectric project involving the Gibson Dam.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING GIBSON DAM.

    (a) In General.--Notwithstanding the requirements of section 13 of 
the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission project numbered 12478-003, the 
Federal Energy Regulatory Commission (referred to in this section as 
the ``Commission'') may, at the request of the licensee for the 
project, and after reasonable notice and in accordance with the 
procedures of the Commission under that section, extend the time period 
during which the licensee is required to commence construction of the 
project for a 6-year period that begins on the date described in 
subsection (b).
    (b) Date Described.--The date described in this subsection is the 
date of the expiration of the extension of the period required for 
commencement of construction for the project described in subsection 
(a) that was issued by the Commission prior to the date of enactment of 
this Act under section 13 of the Federal Power Act (16 U.S.C. 806).
                                                       Calendar No. 213

114th CONGRESS

  1st Session

                                S. 1104

                          [Report No. 114-133]

_______________________________________________________________________

                                 A BILL

     To extend the deadline for commencement of construction of a 
            hydroelectric project involving the Gibson Dam.

_______________________________________________________________________

                           September 9, 2015

                       Reported without amendment
```