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

|                    | MM2      GROUP, INC. |                                                                                                                                              |
|-------------------------|----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------|
|                    |                 |                                                                                                                                              |   |
| Date:      May 20, 2009 | By:                  | /s/ Mark      Meller                     |   |
|                    |                 | Mark      Meller                                                                                                                                  |   |
|                    |                 | President,      Chief Executive Officer and                                                                                                       |   |
|                    |                 | Principal      Accounting Officer                                                                                                                 |   |
Exhibit 23.3**Consent of Independent Registered Public Accounting Firm**We consent to the reference to our firm under the caption “Experts” in the Registration Statement(Form S-4) and related Prospectus of Grubb & Ellis Company for the registration of 38,533,094shares of its common stock and to the incorporation by reference therein of our report dated August27, 2007 with respect to the consolidated financial statements of Grubb & Ellis Company and theeffectiveness of internal control over financial reporting of Grubb & Ellis Company included in itsAnnual Report (Form 10-K) for the year ended June 30, 2007, filed with the Securities and ExchangeCommission./s/ ERNST & YOUNG LLPChicago, Illinois
#### Commonwealth ex rel. Oncay, Appellant, *v.*Oncay.

Argued November 18, 1943.

Before Keller, P. J., Baldrige, Stadtfeld, Hirt, Kenworthey and Reno, JJ. (Rhodes, J., absent).

*Rowland C. Evans, Jr.,*of *Krusen, Evans & Shaw,*for appellant.

*Daniel Marcu,*for appellee.

*570December 9, 1943:

Per Curiam,

After hearing the argument on this appeal, we are of one mind, that the best interest of the three-year-old girl, whose custody is here involved — which is the main consideration governing our action — requires a rehearing of the case by the court below, at which time the mother of the child can be fully heard, and examined and cross-examined with respect to matters relating to her personal care of the child and affecting her fitness to have custody of her. We must point out again, however, that reports of investigators, agents, and doctors cannot be received in evidence, or considered by the court, in a contested case. See *Com. ex rel. Ritter v. Ritter,*91 Pa. Superior Ct. 563, 565; *Com. v. Varner,*103 Pa. Superior Ct. 149, 153, 156 A. 545; *Com. ex rel. Mark v. Mark,*115 Pa. Superior Ct. 181, 183, 175 A. 289; *Com. ex rel. McClenen v. McClenen,*127 Pa. Superior Ct. 471, 476, 193 A. 83; *Com. ex rel. Knode v. Knode,*145 Pa. Superior Ct. 1, 4, 20 A. 2d 896. The investigators, agents, doctors, etc., must themselves be produced, sworn and examined as witnesses and be subject to cross-examination, just as all other witnesses. We thought we had already made this sufficiently clear, but, nevertheless, our ruling was not followed here. Furthermore, in this case, the doctor, who was not called as a witness in court, not only made an examination of the child and submitted a report, but also included in it a recommendation as to the custody of the child, which was followed by the judge. This, in effect, put the decision of the case in the hands of one who had no legal authority to make it. The practice should not be repeated.

The order is reversed and the record is remanded to the court below for a further hearing and determination upon the competent evidence in the case, — including the competent testimony adduced at the former hearings. It is further ordered that the child be not removed from the State pending the hearing and determination of the case.
Exhibit 10.10


 


	 	Effective as of December 17, 2010


 


Mr. Craig Frank


Tudog International Consulting, Inc.


4142 Trenton Avenue


Hollywood, Florida 33026


 


	 	Re:	Consulting Agreement dated December 14, 2009 between Tudog International Consulting, Inc. d/b/a
The Tudog Group, a Florida corporation (“Tudog”) and Alternative Fuels Americas, Inc., a Florida corporation (“AFAI”)
(the “Consulting Agreement”)



 


Dear Craig:


 


AFAI would like to renew
and extend the term of the Consulting Agreement through December 31, 2012. In connection therewith, Tudog’s monthly fee as
provided for in the Consulting Agreement shall be increased from $10,000 to $15,000 effective January 1, 2011. All remaining terms
and conditions of the Consulting Agreement shall remain in full force and effect.


 


Please acknowledge your acceptance of the above
by signing where indicated below.


 


	 	Very truly yours,
	 	 
	 	ALTERNATIVE FUELS AMERICA, INC.
	 	 
	 	By:	  /s/ Neil Swartz
	 	 	 Neil Swartz, Chief Financial Officer


 


ACCEPTED AND AGREED:


 


TUDOG INTERNATIONAL CONSULTING, INC.


 


	By:	  /s/ Craig Frank	 
	 	Craig Frank, Chief Executive Officer
#### EAGLET CORPORATION LIMITED, Plaintiff-Appellant, v. BANCO CENTRAL DE NICARAGUA, Defendant-Appellee.

No. 1672, Docket 94-7043.

United States Court of Appeals, Second Circuit.

Argued April 26, 1994.

Decided April 27, 1994.

John R. Foster, New York City (Waesche, Sheinbaum & O’Regan, P.C., New York City, of counsel), for plaintiff-appellant Eaglet Corp. Ltd.

George Weisz, New York City (Chaya F. Weinberg-Brodt, Cleary, Gottlieb, Steen & Hamilton, New York City, of counsel), for *642defendant-appellee Banco Cent, de Nicaragua.

Before: FEINBERG, VAN GRAAFEILAND and WINTER, Circuit Judges.

PER CURIAM:

We affirm for substantially the reasons stated by the district court. *See Eaglet Carp. v. Banco Central de Nicaragua,*839 F.Supp. 232 (S.D.N.Y.1993). However, because the dismissal of the complaint was for lack of subject matter jurisdiction, both parties agree that the dismissal must be without prejudice. Fed.R.Civ.P. 41; *see generally Costello v. United States,*365 U.S. 265, 284-88, 81 S.Ct. 534, 544-46, 5 L.Ed.2d 551 (1961).
EXHIBIT 10.36


 


	 	State of Delaware
	 	Secretary of State
	 	Division of Corporations
	 	Delivered 11:46 AM 11/23/2011
	 	FILED 11:42 AM 11/23/2011
	 	SRV 111225848 - 4140386 FILE



 


CERTIFICATE of AMENDMENT
of


 


CERTIFICATE of INCORPORATION



OF


OPTEX SYSTEMS HOLDINGS,
INC.


 


The corporation organized and existing under
and by virtue of the General Corporation Law of the State of Delaware does hereby certify:


 


FIRST: That at a telephonic meeting of the Board
of Directors of Optex Systems Holdings, Inc., (the “Corporation”) held on March 16, 2011, resolutions were duly adopted
setting forth a proposed amendment of the Certificate of Incorporation of the Corporation, declaring said amendment to be advisable
and approving the use of a stockholder consent in lieu of a meeting of the stockholders of the Corporation for consideration thereof.
The resolution setting forth the proposed amendment is as follows:


 


RESOLVED, that the Certificate of Incorporation
of the Corporation be amended by changing Articles thereof numbered Fourth relating to the authorized shares of the Corporation
so that, as amended, said Article shall be read as follows:


 


“FOURTH:


 


FOURTH: The total number of shares of
stock which the Corporation shall have authority to issue is 2,000,005,000 shares of which 2,000,000,000 shares are designated
as common stock, par value $.001 per share (the “Common Stock”) and 5,000 shares of which are designated as preferred
stock, par value $.001 per share (the “Preferred Stock”).


 


SECOND: That thereafter, pursuant to resolution
of its Board of Directors, a consent in lieu of a special meeting of the stockholders of said corporation was duly executed and
delivered in accordance with section 228 of the General Corporation Law of the State of Delaware pursuant to which consent the
necessary number of shares as required by statute were voted in favor of the amendment.


 


THIRD: That said amendment was duly adopted
in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.


 


IN WITNESS WHEREOF, the undersigned has executed this Certificate
on the 18th day of November, 2011.


 


	 	/s/
    Stanley A. Hirschman	 
	 	Stanley A. Hirschman, President
EXHIBIT 31.1

CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Gary Rasmussen, certify that:

1. I have reviewed this quarterly report of LitFunding Corp.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.



|                  |  |                         | 
|----------------- |  | ----------------------- | 
|November 19, 2007 |  | /s/  Gary Rasmussen     | 
|                  |  | Gary Rasmussen         
|                  |  | Chief Executive Officer
**Exhibit 23.3**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in theRegistration Statements on Form S-3 (File No. 33-136482) and Forms S-8 (File No. 333-69913, File No. 333-79445, File No. 333-37912, File No. 333-79503, File No. 333-62078, File No. 333-76488 and FileNo. 333-134509) of D&E Communications, Inc. of our report dated March 1, 2005, on our audits of the financial statements of Pilicka Telefonia Sp. z o.o. which appears in this Form 10-K. 

/s/ PricewaterhouseCoopers Sp. z o.o. 

Warsaw, Poland 

March 9, 2007
II

104TH CONGRESS

2D SESSION S. 1553

To provide that members of the Armed Forces performing services for the

peacekeeping effort in the Republic of Bosnia and Herzegovina shall

be entitled to certain tax benefits in the same manner as if such services

were performed in a combat zone.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 1, 1996

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To provide that members of the Armed Forces performing

services for the peacekeeping effort in the Republic of

Bosnia and Herzegovina shall be entitled to certain tax

benefits in the same manner as if such services were

performed in a combat zone.

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

3 SECTION 1. TREATMENT OF INDIVIDUALS PERFORMING

4 SERVICES IN OPERATION JOINT ENDEAVOR.

5 (a) GENERAL RULE.—Any individual who performs

6 Operation Joint Endeavor services shall be entitled to the

7 benefits of the following provisions of the Internal Revenue
2

S 1553 IS

1 Code of 1986 in the same manner as if such services were

2 performed in an area designated by the President of the

3 United States by Executive order as a ‘‘combat zone’’ for

4 purposes of section 112 of such Code:

5 (1) Section 112 (relating to exclusion of combat

6 pay).

7 (2) Section 692 (relating to income taxes of

8 members of the Armed Forces on death).

9 (3) Section 2201 (relating to members of the

10 Armed Forces dying in combat zone or by reason of

11 combat zone-incurred wounds.

12 (4) Section 7508 (relating to time for perform13 ing certain acts postponed by reason of service in

14 combat zone).

15 (b) OPERATION JOINT ENDEAVOR SERVICES.—For

16 purposes of this section, the term ‘‘Operation Joint En17 deavor services’’ means any services in the Armed Forces

18 of the United States if—

19 (1) such services are performed in the area des20 ignated by the President pursuant to this paragraph

21 as the ‘‘Operation Joint Endeavor area’’, and

22 (2) such services are performed during the pe23 riod beginning on December 4, 1995, and ending on

24 the date designated by the President by Executive

25 order as the date on which substantial involvement
3

S 1553 IS

1 in peacekeeping efforts in the Republic of Bosnia

2 and Herzegovina by United States Armed Forces

3 has terminated.

4 For purposes of subsection (a)(4), services in support of

5 the Armed Forces of the United States shall be treated

6 in the same manner as services in such Armed Forces.

7 (c) EFFECTIVE DATE.—The provisions of this section

8 shall apply to periods beginning on or after December 4,

9 1995.

Æ
----

            COMMISSION REGULATION (EC) No 1970/2006

of 22 December 2006         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 23 December 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 2006.

For the Commission

Jean-Luc DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

----

ANNEX

to Commission Regulation of 22 December 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘            999            ’ stands for ‘of other origin’.

----
EX-10.15






\



Prepared by:



Jody L. Spencer, Esq.


Rogers & Hardin LLP


2700 International Tower


229 Peachtree Street, N.E.


Atlanta, Georgia 30303-1601



After recording, please return to:



Fidelity National Title Insurance Company


990 Hammond Drive, Suite 550


Atlanta, Georgia 30328


Attn: Ms. Cheryl Clark



LIMITED WARRANTY DEED




THIS INDENTURE, made and entered into as of the 10th day of January, 2012, by and between SAN
ALEJANDRO ASSOCIATES, L.P., a Georgia limited partnership, whose address is 20 Mansell Court East,
Suite 200, Roswell, Georgia 30076 (hereinafter referred to as “Grantor”), and G&E HC REIT II
GAINESVILLE SNF, LLC, a Delaware limited liability company, whose address is c/o Grubb & Ellis
Healthcare REIT II, Inc., 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, Attn:
Danny Prosky, President and COO (hereinafter referred to as “Grantee”) (the words “Grantor” and
“Grantee” to include their respective heirs, legal representatives, successors and assigns where
the context requires or permits);



W I T N E S S E T H, THAT:




GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good
and valuable consideration, in hand paid at and before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and
confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto said
Grantee, all that tract or parcel of land lying and being located in Hall County, Georgia, and
being more particularly described in Exhibit “A” attached hereto and incorporated herein by
this reference (hereinafter referred to as the “Property”).



TO HAVE AND TO HOLD the Property, with all and singular the rights, members and appurtenances
thereof, to the same being, belonging, or in anywise appertaining, only to the proper use, benefit
and behoof of the said Grantee forever in FEE SIMPLE, subject to those matters listed on
Exhibit “B” attached hereto and incorporated herein by this reference.



AND THE SAID GRANTOR will warrant and forever defend the right and title to the Property unto
Grantee against the claims of all persons and entities whomsoever claiming by, through or under
Grantor.



IN WITNESS WHEREOF, Grantor has executed and sealed this Limited Warranty Deed on the day and
year first above written.



	 	 	 	 	 
	Signed, sealed and delivered in

the presence of:

	 	SAN ALEJANDRO ASSOCIATES, L.P., a

Georgia limited partnership
	 	



	/s/ Philip M. Rees

	 	By: /s/ James J. Andrews
	 	[SEAL]
	 

	 	 
	 	 
	Unofficial Witness

	 	James J. Andrews, President
	 	

	/s/ Joan Hudson

	 	

	 	

	 

	 	

	 	

	Notary Public

	 	

	 	

	My commission expires:

	 	

	 	

	2/21/2014

	 	

	 	

	 

	 	

	 	







[NOTARIAL SEAL]



787481
#### UNITED STATES, Appellee, v. Lorenzo WOODS, Defendant, Appellant.

No. 01-1445.

United States Court of Appeals, First Circuit.

Jan. 31, 2003.

Cynthia A. Vincent, on brief, for appellant.

Margaret E. Curran, United States Attorney, and Donald C. Lockhart, Assistant U.S. Attorney, on Motion for Summary Dismissal, for appellee.

*6Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

PER CURIAM.

Appellant Lorenzo Woods appeals from the sentence the district court imposed following his guilty plea to three cocaine base offenses under 21 U.S.C. § 841(a)(1) and § 846 and 18 U.S.C. § 2. On appeal, he asserts that the district court erroneously applied United States Sentencing Guideline § 2D1.1 at sentencing. In addition, he claims that the district court misunderstood its departure authority under Guideline § 4A1.3 and thus failed to grant his motion for a downward departure.

After careful review of the record, in particular the sentencing transcript, we conclude that the court properly applied the career offender guideline, § 4B1.1, at sentencing. To that extent, we affirm the sentence. We also agree with the United States that the district court denied the departure motion in an exercise of its discretion and not based on any misapprehension of authority. Thus, we may not review its decision. *See United States v. DeLeon,*187 F.3d 60, 69 (1st Cir.), *cert. denied,*528 U.S. 1030, 120 S.Ct. 551, 145 L.Ed.2d 428 (1999) (“It is well settled that ‘no appeal lies from a discretionary refusal to depart’ from the Sentencing Guidelines.”) (citation omitted).

*Affirmed.*
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 Form 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported): October 31, 2008
 SM&A
 (Exact name of registrant as specified in its charter)
 Delaware
    
    0-23585
    
    33-0080929(State or other jurisdiction 
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 4695 MacArthur Court, 8th Floor, Newport Beach, California
    
    
    
    92660(Address of principal executive offices)
    
    
    
    (Zip Code)
 (949) 975-1550
  (Former name or former address, if changed since last report.)
 see
 o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)þ
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))




---



##### 



Item 1.01 Entry into a Material Definitive Agreement.
     1




---



##### 



Exhibit 2.1
  2




---



##### 



Item 9.01 Financial Statements and Exhibits.
  Exhibit No.
    
    Description2.1
    
    Agreement and Plan of Merger, dated as of October 31, 2008, by
and among SM&A, Project Victor Holdings, Inc. and Project
Victor Merger Sub, Inc.*
 
 *
    
    Schedules and exhibits omitted pursuant to Item 601(b)(2) of Regulation S-K. The Company agrees
to furnish supplementally a copy of any omitted schedule to the SEC upon request. IMPORTANT ADDITIONAL INFORMATION WILL BE FILED WITH THE SEC
    3




---



##### 



Forward Looking Statements
  4




---



##### 



SIGNATURES
  October 31, 2008
    
    SM&ABy:
    
    /s/ James R. Eckstaedt

Name: James R. EckstaedtTitle: Executive Vice President, Finance and
          Chief Financial Officer
 5




---



##### 



Exhibit List
 Exhibit No.
    
    Description2.1
    
    Agreement and Plan of Merger, dated as of October 31, 2008, by
and among SM&A, Project Victor Holdings, Inc. and Project
Victor Merger Sub, Inc.*
 
 *
    
    Schedules and exhibits omitted pursuant to Item 601(b)(2) of Regulation S-K. The Company agrees
to furnish supplementally a copy of any omitted schedule to the SEC upon request. 6