alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
10.4


 


Guaranty
of Pie Squared Holdings, LLC


 


IN
CONSIDERATION OF, and as an inducement for, PizzaRev Acquisition, LLC, a Delaware limited liability company (“Rev Acquisition”),
entering into that certain Unit Purchase Agreement, dated as of August 30, 2021 (the “Purchase Agreement”), with Pie
Squared Investment, LLC (“Squared Investment”), and Amergent Hospitality Group, Inc. (“AHG”), Pie
Squared Holdings, LLC, a Delaware limited liability company (the “Guarantor”), does hereby absolutely and unconditionally
guarantee the full payment of all monetary obligations (collectively, the “Guaranteed Obligations”) arising under
or in connection with the Note (this and each other capitalized terms used but not defined herein shall have the meaning assigned thereto
in the Purchase Agreement) in accordance with the terms of the Note.


 


1.       The
obligation of Guarantor hereunder may be enforced against Guarantor whether or not Rev Acquisition first proceeds against AHG under the
Note.


 


2.       Notwithstanding
anything to the contrary herein, nothing in this Guaranty (the “Guaranty”) of Guarantor shall grant to Rev Acquisition
any right of action against the Guarantor unless an Event of Default (as defined in the Note) has occurred and is continuing.


 


3.       Guarantor
hereby consents that Rev Acquisition may, in its sole discretion, without affecting the liability of Guarantor, in whole or in part and
as often as Rev Acquisition may wish (a) renew, extend, modify, accelerate, reduce the amount of, change the time for payment of, or
otherwise change the terms of the Note, (b) waive, fail to enforce, settle, release (by operating of law or otherwise), compromise, collect
or liquidate in any manner any of the Guaranteed Obligations, and/or (c) take and hold security for the payment of the Guaranteed Obligations.


 


4.       Guarantor
shall have no right of subrogation and does hereby waive any right to participate in any security now or hereafter held by Rev Acquisition.
Guarantor further does hereby waive any right to contribution from AHG.


 


5.       Rev
Acquisition may, without notice, assign this Guaranty or the Note in whole or in part, and no assignment or transfer of this Guaranty
or the Note shall operate to extinguish or diminish the liability of Guarantor hereunder. This Guaranty is binding on the Guarantor,
and its successors and assigns.


 


6.       This Guaranty is governed by the laws of the State of Delaware.


 


7.       This
Guaranty may not be changed, modified, discharged or terminated except by a written agreement signed by Guarantor and Rev Acquisition.


 


8.       Guarantor’s
notice address is: 7621 Little Avenue, Suite 414, Charlotte, NC 28228.


 


[Remainder
of Page Intentionally Blank]


 




    	 



     


    

 


IN
WITNESS WHEREOF, Guarantor is signing this Guaranty as of August 30, 2021.


 


	 	GUARANTOR:
	 	 	 
	 	PIE
    SQUARED HOLDINGS, LLC
	 	 	 
	 	By:
    	 /s/
    Jim Kepple
	 	Name:
    	Jim
    Kepple
	 	Its:
    	Authorized
    Signatory
Dolan Chemical Laboratory 4001 Bixby Road Groveport, OH 43125 T: 614-836-4221, Audinet 210-4221 F: 614-836-4168, Audinet 210-4168 http://aepenv/labs 

### Water Analysis Location: Mountaineer Plant Report Date: 7/25/2012 Form REP-703 Rev. 0, 4/2012



### Sample Number: 123091-001 Date Collected: 07/18/2012 08:45 Date Received:7/18/2012 

### Trip Blank Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg < 0.2 0.5 BSS EPA 1631E 0.2 07/20/2012 U 

### Sample Number: 123091-002 Date Collected:07/18/2012 08:45 Date Received:7/18/2012 

### Field Blank Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 0.4 0.5 BSS EPA 1631E 0.2 07/20/2012 J 

### Sample Number: 123091-003 Date Collected:07/18/2012 08:45 Date Received:7/18/2012 

### Plant Outfall #001 Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 2.6 2 BSS EPA 1631E 0.8 07/20/2012 

### Sample Number: 123091-004 Date Collected:07/18/2012 08:05 Date Received:7/18/2012 

### CPS Effluent Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg 36.3 10 BSS EPA 1631E 4 07/20/2012 

### Sample Number: 123091-005 Date Collected:07/18/2012 08:00 Date Received:7/18/2012 

### Bioreactor Effluent Units Parameter Result RL Analysis By Analysis Date/Time Method MDL Data Qual ng/L Mercury, Hg < 2 4 BSS EPA 1631E 2 07/20/2012 U

Mountaineer Plant, 123091 Page 1 of 2THIS TEST REPORT RELATES ONLY TO THE ITEMS TESTED AND SHALL NOT BE REPRODUCED EXCEPT IN FULL WITHOUT WRITTEN

APPROVAL OF THE LABORATORY. ALL TEST RESULTS MEET ALL OF THE REQUIREMENTS OF THE ACCREDITING AUTHORITY, UNLESS OTHERWISE NOTED. U: Analyte was analyzed and not detected at or above adjusted Method Detection Limit J: Analyte was positively identified, though the quantitation was below Reporting Limit. Brian Snyder, Chemist II Email bssnyder@aep.com Tel. 614-836-4224 Fax 614-836-4168 Audinet 210-4224

Mountaineer Plant, 123091 Page 2 of 2
##### 



Exhibit 99.3
 Report of Independent Registered Public Accounting Firm on Compliance
 
 Report of
Management on Compliance Report of Management on Compliance
  
 /s/ Ernst & Young LLP Des Moines, IowaMarch 13, 2006




---



##### 



Report of Management on Compliance
  /s/ Ellen Z. Lamale
Ellen Z. Lamale
Senior Vice President and Chief Actuary March 13, 2006




---



##### 



Exhibit A
Specified Standards
 I. Funding Agreement Payments
  1.  

    calculated according to the terms of the Funding Agreement; and2.

    promptly paid, within two business days of the due date, to the Indenture
Trustee at the direction of the appropriate Principal Life Income Fundings Trust.
 II. Guarantee Payments in Support of the Payment of Amounts Due on the Funding Agreement
  1.

    calculated according to the terms of the Funding Agreement; and2.

    promptly paid, within two business days of the due date, to the Indenture
Trustee at the direction of the appropriate Principal Life Income Fundings Trust.
 III. Payments Under Indenture
Exhibit 21.1

SUBSIDIARIES OF ACCREDITED HOME LENDERS HOLDING CO.



|                                                                                       |  |             
|-------------------------------------------------------------------------------------- |  | ------------
|Name of Entity                                                                         |  | Jurisdiction
|Accredited Home Lenders, Inc. (dba Home Funds Direct and dba Axiom Financial Services) |  | California  
|Accredited Home Lenders Canada, Inc.                                                   |  | Canada      
|Accredited Mortgage Loan REIT Trust                                                    |  | Maryland    
|Inzura Insurance Services, Inc.                                                        |  | Delaware    
|Accredited Processing Services, Inc.                                                   |  | Canada      
|Vendor Management Services, LLC (dba Inzura Settlement Services)                       |  | Pennsylvania
|Vendor Management Services of Alabama, LLC (dba Inzura Settlement Services)            |  | Alabama     
|AHL Acquisition Corporation                                                            |  | Maryland    
|AHL Acquisition, LLC                                                                   |  | Maryland    
|Aames Capital Corporation                                                              |  | California  
|Aames Capital Acceptance Corp.                                                         |  | Delaware    
|Aames Investment Acceptance Corporation                                                |  | Delaware    
|Accredited Acceptance Corp.                                                            |  | Delaware    
|One Stop Mortgage, Inc.                                                                |  | Wyoming     
|Rossmore Financial Insurance Services, Inc.                                            |  | California  
|Windsor Management of Washington, Inc.                                                 |  | Washington  
|Windsor Management Co.                                                                 |  | California
#### AETNA INS. CO. v. AVIRITT et al.

No. 2708.

Court of Civil Appeals of Texas. Tenth District. Waco.

May 8, 1947.

*644Robertson, Leachman, Payne, Gardere & Lancaster, of Dallas, for appellant.

Jack C. Altaras and J. K. Russell, both of Qeburne, for appellees.

TIREY, Justice.

This cause was decided by this court and reversed and rendered on January 30, 1947, in favor of appellant and all costs taxed against appellees. Thereafter appellees seasonably filed motion for rehearing in this cause and this motion was overruled on February 13, 1947. On April 21, 1947, ap-pellees filed in this court their motion to re-tax in part the costs. This motion sets out the Various items of costs and states that all of the costs have been paid by appellees except the stenographer’s fee for the statement of facts in the amount of $27, and states in part: “This case having originated in the County Court no Court Reporter was available as a matter of law to record the proceedings in this case and the Aetna Insurance Company (appellant) made the arrangements for hiring a Court Reporter and hired a Court Reporter and paid the Court Reporter as shown by the records of the County Court of Johnson County. It is not believed that this stenographer’s fee for his services should be taxed against Mrs. B. A. Aviritt. It is pointed out that this fee of $27.00 has been paid to the County Clerk of Johnson County and constitutes a duplication of the bill of costs * *

Appellees attach to_ their motion an itemized statement of the costs incurred in the county court, which shows the statement of facts fee of $27 charged therein, and the certified copy of the costs by the County Clerk shows that all costs in the county court have been paid in full.

This case was tried in the county court and under our statutes that court is not provided with a regular official court reporter. Article 2327, Revised Civil Statutes of 1925,' makes proper provision for such an official reporter, however, in any civil case when applied for by either party to the suit. This article provides that the court reporter shall be appointed by the judge and take the oath required of official court reporters. We find the statement of facts here was in question and answer form and was prepared and certified to by Homer F. Wicker, a court reporter, and was approved by counsel for appellant and ap-pellees. It was also approved by the trial judge and ordered filed as part of the record. Under these conditions, it is presumed the reporter who reported the case was duly and regularly appointed and that he took the oath as required by the statute. Ragland v. Cone, Tex.Civ.App., 118 S.W.2d 1098.

Under the authority of Ragland v. Cone, supra, we are of the opinion that ap-pellees are not entitled to relief. Since this court rendered judgment that the costs of appeal be. adjudged against appellees, we think that appellees’ motion must be overruled, and it is accordingly so ordered. See, Texas Rules Civil Procedure, rules 448 and 141; Hanson v. Ponder, Tex.Com.App., 5 S.W.2d 767; Pullman Co. v. Hays, 114 Tex. 490, 271 S.W. 1108 and Lone Star Gas Co. v. Childress, Tex.Civ.App, 187 S.W.2d 936, point 10 page 941.
#### The People of the State of New York, Respondent, v Guillermo Arboleda, Appellant.

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on June 14, 1989, convicting defendant, upon a plea of guilty, of criminal possession of a controlled substance in the second degree and sentencing him to an indeterminate term of imprisonment of four years to life, is unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. *(People v Farrar,*52 NY2d 302, 305.)

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” *(People v Felman,*141 AD2d 889, 890, *lv denied*72 NY2d 918.) Concur—Sullivan, J. P., Carro, Milonas, Smith and Rubin, JJ.
This disposition is not appropriate for publication and is not precedent *

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

The panel unanimously finds this case suitable for decision without **

oral argument. See Fed. R. App. P. 34(a)(2).

AR/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

TOMAS REYES-TORRES; MELANIA

ORTEGA-MONDRAGAN; et al.,

 Petitioners,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 06-73870

Agency Nos. A096-066-887

 A096-066-854

 A096-066-855

 A096-066-856

 A096-066-888

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted November 17, 2009** 

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Tomas Reyes-Torres, his wife, Melania Ortega-Mondragan, and their

children, natives and citizens of Mexico, petition for review of an order of the

FILED

DEC 09 2009

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
AR/Research 2 06-73870

Board of Immigration Appeals (“BIA”) denying their motion to reopen removal

proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

discretion the denial of a motion to reopen, Ordonez v. INS, 345 F.3d 777, 782

(9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion by denying Reyes’ motion to reopen

because the BIA considered the evidence submitted and acted within its broad

discretion in determining that the evidence was insufficient to warrant reopening. 

See Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (the BIA’s denial of a

motion to reopen shall be reversed if it is “arbitrary, irrational, or contrary to law”).

In his opening brief, Reyes does not challenge the BIA’s determination that

he untimely filed his motion to reconsider the merits of the underlying case. See

Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues which are

not specifically raised and argued in a party’s opening brief are waived).

PETITION FOR REVIEW DENIED.
AO 120 (Rev. 08/10) 

TO: Mail Stop 8

Director of the U.S. Patent and Trademark Office

P.O. Box 1450

Alexandria, VA 22313-1450

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION REGARDING A PATENT OR

TRADEMARK

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been

filed in the U.S. District Court on the following

G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

PLAINTIFF DEFENDANT

PATENT OR

TRADEMARK NO.

DATE OF PATENT 

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

 1

 2

 3

 4

 5

In the above—entitled case, the following patent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

PATENT OR

TRADEMARK NO.

DATE OF PATENT 

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

 1

 2

 3

 4

 5

In the above—entitled case, the following decision has been rendered or judgement issued:

DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director

Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
**
**Exhibit 31.1**

**Certification**

I, BrentL. Barton, certify that: 

 
 1.
I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Chase Issuance Trust (the “Exchange Act periodic reports”);

 
 2.
Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untruestatement 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, all of the distribution, servicing and other information required to be providedunder Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; 

 
 4.
Based on my knowledge and the servicer compliance statement required in this report under Item 1123 ofRegulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and 

 
 5.
All of the reports on assessment of compliance with servicing criteria for asset-backed securities and theirrelated attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described insuch reports have been disclosed in this report on Form 10-K.

In giving thecertification above, I have reasonably relied on information provided to me by the following unaffiliated parties: Wilmington Trust Company, Wells Fargo Bank, National Association and Computershare Trust Company, National Association. 

Date: March 28, 2024 

 
By: /s/ Brent L. BartonName: Brent L. BartonTitle: Chief Executive Officer (senior officer of Chase Card Funding LLC in charge of securitization)**
I 

112TH CONGRESS 

2D SESSION H. R. 4950 

To suspend temporarily the duty on certain drive-axles. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2012 

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

on Ways and Means 

A BILL 

To suspend temporarily the duty on certain drive-axles. 

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

3 SECTION 1. CERTAIN DRIVE-AXLES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Drive axles with differential, whether or not provided with other transmission components (provided for in subheading 

8708.50.61) ....................... Free No change No change On or before 

12/31/2015 ’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4950 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
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EXHIBIT 32.2

|CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER             
|---------------------------------------------------------
|PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, as created by Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned officer of Upstream
Biosciences Inc. (the Company) hereby certifies, to such officers knowledge,
that:

| | (1) | the Annual Report on Form 10-KSB of the Company for the
      period ended September 30, 2007 (the Report) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, of the
      Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                                                        
| | (2) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                       

|Dated: December 24, 2007 | By:                                              | /s/
      Tim Fernback
|------------------------ | ------------------------------------------------ | ----------------------
|                         | Tim Fernback                                    
|                         | Chief Financial Officer                         
|                         | (Principal Financial Officer and
      Principal
|                         | Accounting Officer)                             

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Upstream
Biosciences Inc. and will be retained by Upstream Biosciences Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.

---