alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Amendment to Subordination Agreement



 Exhibit 10.5 
  
 FIRST AMENDMENT TO SUBORDINATION AGREEMENT 
  
 This FIRST AMENDMENT TO SUBORDINATION AGREEMENT (this “Amendment”), dated as of March 10, 2005, is made by and
among WELLS FARGO BUSINESS CREDIT, INC. (“Wells Fargo”), MEDALLION CAPITAL, INC. (“Medallion”) (Wells Fargo and Medallion being each a “Lender” and collectively the “Lenders”), USPOLY COMPANY (the
“Company”) and SPELL CAPITAL PARTNERS, LLC (the “Subordinated Creditor”). 
  
 RECITALS 
  
 The Lenders, the
Company and the Subordinated Creditor are parties to a Subordination Agreement dated as of September 27, 2004 (the “Subordination Agreement”). 
  
 The Company and the Subordinated Creditor have requested that certain amendments be made to the Subordination Agreement, which the Lenders are willing to
make pursuant to the terms and conditions set forth herein. 
  
 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is agreed as follows: 
  
 1. Defined Terms. Capitalized terms used in this Amendment which are defined in the Subordination Agreement shall have the same meanings as defined
therein, unless otherwise defined herein. 
  
 2. Terms of
Subordination. Section 2 of the Subordination Agreement is amended by deleting the amount “31,250” as it appears in the last paragraph thereof and by substituting the amount “37,500” in lieu thereof. 
  
 3. Consent to First Amendment. The Subordinated Creditor hereby
consents to the execution and delivery of any amendments to the Senior Loan Agreement or any of the Loan Documents (as defined in the Senior Loan Agreement) referred to therein that are dated concurrently herewith. 
  
 4. No Other Changes. Except as explicitly amended by this Amendment,
all of the terms and conditions of the Subordination Agreement shall remain in full force and effect and shall apply to any advance or letter of credit thereunder. 
  
 5. Effectiveness. This Amendment shall be effective as of the date first above written upon the complete execution
and delivery (whether by facsimile or otherwise) thereof. 
  
 6.
Miscellaneous. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same instrument.

  

 1 








 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed as of the
date first written above. 
  

									
	 SPELL CAPITAL PARTNERS, LLC
	 	 	 	 USPOLY COMPANY

					
	 By:
	 	 /s/ William H. Spell
	 	 	 	 By:
	 	 /s/ William H. Spell

	 	 	 Name: William H. Spell
	 	 	 	 	 	 Name: William H. Spell

	 	 	 Its: President
	 	 	 	 	 	 Its: President

			
	 WELLS FARGO BUSINESS CREDIT, INC.
	 	 	 	 MEDALLION CAPITAL, INC.

					
	 By:
	 	 /s/ Mona M. Krueger
	 	 	 	 By:
	 	 /s/ Thomas F. Hunt, Jr.

	 	 	 Name: Mona M. Krueger
	 	 	 	 	 	 Name: Thomas F. Hunt, Jr.

	 	 	 Its: Vice-President
	 	 	 	 	 	Its: President

  

 2
COURT OF APPEALS 

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: YVONNE ROSALES,

Relator.

§

§

§

§

§

No. 08-22-00199-CR

AN ORIGINAL PROCEEDING 

IN MANDAMUS

O R D E R

The Court GRANTS the Real Party in Interest State of Texas, All attorneys and their staff 

involved in this case’s first motion for extension of time within which to file the response until 

December 10, 2022. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE THE 

REAL PARTY IN INTEREST STATE OF TEXAS, ALL ATTORNEYS AND THEIR STAFF 

INVOLVED IN THIS CASE’S RESPONSE TO RELATOR’S PETITION FOR WRIT OF 

MANDAMUS WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Yvonne Rosales, the Real Party in Interest’s attorney, 

prepare the response and forward the same to this Court on or before December 10, 2022.

IT IS SO ORDERED this 10th day of November, 2022.

PER CURIAM

Before Rodriguez, C.J., Palafox and Alley, JJ.
[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Page 70373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29763]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3305]


State of Arizona

    As a result of the President's major disaster declaration on 
October 27, 2000, I find that La Paz and Maricopa Counties in the State 
of Arizona constitute a disaster area due to damages caused by severe 
storms and flooding beginning on October 21, 2000 and continuing. 
Applications for loans for physical damage as a result of this disaster 
may be filed until the close of business on December 26, 2000, and for 
loans for economic injury until the close of business on July 27, 2001 
at the address listed below or other locally announced locations: U.S. 
Small Business Administration, Disaster Area 4 Office, P. O. Box 13795, 
Sacramento, CA 95853-4795.
    In addition, applications for economic injury loans from small 
businesses located in the following contiguous counties may be filed 
until the specified date at the above location: Gila, Mohave, Pima, 
Pinal, Yavapai, and Yuma Counties in Arizona, and Imperial, Riverside, 
and San Bernardino Counties in California.
    The interest rates are:

------------------------------------------------------------------------
                                                                 Percent
------------------------------------------------------------------------
For Physical Damage:
  Homeowners with credit available elsewhere..................     7.375
  Homeowners without credit available elsewhere...............     3.687
  Businesses with credit available elsewhere..................     8.000
  Businesses and non-profit organizations without credit           4.000
   available elsewhere........................................
  Others (including non-profit organizations) with credit          6.750
   available elsewhere........................................
For Economic Injury:
  Businesses and small agricultural cooperatives without           4.000
   credit available elsewhere.................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 330506. 
For economic injury the numbers are 9J4400 for Arizona and 9J4500 for 
California.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: November 2, 2000.
Allan I. Hoberman,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 00-29763 Filed 11-21-00; 8:45 am]
BILLING CODE 8025-01-P
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           1,388
<INT-BEARING-DEPOSITS>                             209
<FED-FUNDS-SOLD>                                 3,550
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          21,390
<INVESTMENTS-MARKET>                            21,162
<LOANS>                                         44,982
<ALLOWANCE>                                         70
<TOTAL-ASSETS>                                  44,912
<DEPOSITS>                                      61,294
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              1,191
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      12,457
<TOTAL-LIABILITIES-AND-EQUITY>                  74,942
<INTEREST-LOAN>                                    949
<INTEREST-INVEST>                                  334
<INTEREST-OTHER>                                    43
<INTEREST-TOTAL>                                 1,326
<INTEREST-DEPOSIT>                                 606
<INTEREST-EXPENSE>                                 606
<INTEREST-INCOME-NET>                              720
<LOAN-LOSSES>                                        8
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    714
<INCOME-PRETAX>                                    299
<INCOME-PRE-EXTRAORDINARY>                         299
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       191
<EPS-PRIMARY>                                      .19
<EPS-DILUTED>                                      .19
<YIELD-ACTUAL>                                    4.09
<LOANS-NON>                                          0
<LOANS-PAST>                                        76
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                    61
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         1
<ALLOWANCE-CLOSE>                                   70
<ALLOWANCE-DOMESTIC>                                70
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
••
•

•

•

•

Health Equity 

Framework for 

People with 

Disabilities

Progress Update,

Year One

• Five Core

 Components

Improved Data 

Capturing

Comprehensive 

Disability Clinical-Care 

Curricula

Health Disparities 

Population 

Designation

Special Medically 

Underserved 

Population (SMUP)

Designation

Accessible Medical 

Diagnostic Equipment

• 38 Additional 

Components
•••
••
•

•

•

•
•

•

•
<TABLE> <S> <C>


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       1,371,000
<SECURITIES>                                         0
<RECEIVABLES>                                  893,000
<ALLOWANCES>                                    43,000
<INVENTORY>                                     87,000
<CURRENT-ASSETS>                             2,495,000
<PP&E>                                       1,258,000
<DEPRECIATION>                                 873,000
<TOTAL-ASSETS>                               4,044,000
<CURRENT-LIABILITIES>                          479,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        25,000
<OTHER-SE>                                   3,094,000
<TOTAL-LIABILITY-AND-EQUITY>                 4,044,000
<SALES>                                      1,044,000
<TOTAL-REVENUES>                             3,162,000
<CGS>                                          538,000
<TOTAL-COSTS>                                3,471,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (232,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (232,000)
<EPS-BASIC>                                       (.09)
<EPS-DILUTED>                                     (.09)



</TABLE>
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER


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


I, David Lieberman, Chief Executive Officer ofWorld Health Energy Holdings, Inc. (the "Company"), hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:
 
 (1) The Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (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.
 /s/David LiebermanDavid LiebermanChief Executive Officer


Date: November12, 2010





________________
 
 This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
 
 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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

EMILIO AGUIRRE,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 10-72564

Agency No. A074-804-434

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 21, 2015** 

Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.

Emilio Aguirre, native and citizen of Mexico, petitions pro se for review of

the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen

deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We

review for abuse of discretion the denial of a motion to reopen. Mohammed v.

FILED

SEP 25 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

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

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part, and dismiss in part,

the petition for review. 

The BIA did not abuse its discretion in denying Aguirre’s fifth motion to

reopen, filed over seven years after his order of removal became final, as time- and

number-barred. See 8 U.S.C. § 1229a(c)(7)(A), (C)(i). Nor has Aguirre

established that any statutory or regulatory exception applies. See 8 U.S.C.

§ 1229a(c)(7)(C); 8 C.F.R. § 1003.2(c)(3).

We lack jurisdiction to consider Aguirre’s asylum claim, where he failed to

exhaust the claim before the agency in his fifth motion to reopen. See Barron v.

Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).

We also lack jurisdiction to review the BIA’s decision not to reopen

proceedings sua sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24

(9th Cir. 2011).

Aguirre’s remaining contentions are unpersuasive. 

To the extent Aguirre seeks to supplement the administrative record, any

such request is denied. See 8 U.S.C. § 1252(b)(4)(A) (limiting review to “the

administrative record on which the order of removal is based”).

All other pending motions are denied as moot. 

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

2 10-72564
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

MUNIRAH HASHIM, §

Plaintiff, §

§

v. § Civil Action No. 3:22-CV-1414-X-BH

§

COMMISSIONER OF SOCIAL §

SECURITY ADMINISTRATION, §

Defendant. §

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the Findings, 

Conclusions, and Recommendation of the United States Magistrate Judge and any objections 

thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion 

that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the 

Findings and Conclusions of the Court. 

It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the 

United States Magistrate Judge are adopted. Accordingly, the decision of the Commissioner is 

AFFIRMED.

SIGNED this 17th day of July, 2023.

Case 3:22-cv-01414-X-BH Document 28 Filed 07/17/23 Page 1 of 1 PageID 1704
The Honorable Richard G. Kopf, United States District Judge for the District 1

of Nebraska, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2617

___________

Estate of Nancy Rampy, James E.. *

Rammette, Trustee, *

*

Appellant, *

* Appeal from the United States 

v. * District Court for the 

* District of Minnesota.

William F. Messerli; Messerli & *

Kramer, P.A., * [UNPUBLISHED]

*

Appellees. *

___________

Submitted: March 13, 1998

Filed: July 10, 1998

___________

Before BEAM and HEANEY, Circuit Judges, and KOPF, District Judge.1

___________

PER CURIAM.

The bankruptcy estate of Nancy Rampy appeals the district court's grant of

summary judgment to William Messerli and his law firm in this legal malpractice case.

We find this case will have no precedential value and affirm for the reasons stated in

the district court's opinion. See 8th Cir. R. 47B.
-2-

A true copy.

 ATTEST:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40411 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
ISIDRO TORRES

- MONTOYA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15

- CR

- 984

- 1

Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Isidro Torres

Montoya has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Torres

- Montoya h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 20 , 2016 Lyle W. Cayce Clerk Case: 16-40411 Document: 00513804975 Page: 1 Date Filed: 12/20/2016No. 16

- 40411

2 nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave
to wi thdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-40411 Document: 00513804975 Page: 2 Date Filed: 12/20/2016
#### Louis M. CARLE et al., Appellants, v. Ollie Mae CARLE, Appellee.

No. 4726.

Court of Civil Appeals of Texas. El Paso.

Jan. 17, 1951.

For former opinions see 234 S.W.2d 907 and 1002.

Dibrell & Gardner and Sam J. Dotson, all of San Antonio, for appellants.

Conger, Baskin & Casseb, San Antonio, for appellee.

McGILL, Justice.

Appellee filed a second motion for rehearing in this case and pending disposition thereof we certified certain questions of law herein to the Supreme Court. The opinion of the Supreme Court answering these questions may be found in Tex.Sup., 234 S.W.2d 1002. Our original opinion and our opinion on appellant’s motion for re-hea.ring and appellee’s first motion for re-hearing are published in 234 S.W.2d 907, 916.

In conformity with the opinion of the Supreme Court appellee’s second motion for re-hearing is granted and our judgment insofar as it affects that portion of the trial court’s judgment which set aside to plaintiff as her separate property the property described as “605 Guadalupe Street, San Antonio, Texas” and reversed and remanded the judgment of'the trial court as to such property is set aside and held for naught, and appellant’s appeal as' to such property is dismissed. Further conforming to the Supreme Court’s opinion our judgment which reversed the trial court’s judgment insofar as it charged the $6,500 attorney’s fee against appellant’s interest in the proceeds of the sale of the community property of the parties and rendered judgment that such attorneys fees be charged against the proceeds of the sale of such community property before 'any distribution thereof should be made in accordance with the terms of the judgment is set aside and held for naught, and the judgment of the trial court in this respect is. affirmed.

In all other respects appellee’s second motion for re-hearing is overruled and our original opinion and judgment and opinion and judgment on appellant’s and appellee’s motions for re-hearing are adhered to.
**Exhibit      32.1**

**CERTIFICATION      OF FINANCIAL STATEMENTS **

|  | (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. |
|--|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| November                13, 2008 |                                                |
|----------------------------------|-----------------------------------------------------|
|                             | By                /s/ Richard W. Turner             |
|                             | Richard                W. Turner, Ph.D.             |
|                             | Chairman                and Chief Executive Officer |

**A      signed original of this written statement required by Section 906 has been      provided to and will be retained by Conmed Healthcare Management, Inc. and      will      be furnished to the Securities and Exchange Commission or its staff upon      request.**

----