alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lempi Holm, Plaintiff, *v.*Goodley Holding Corporation and Others, Defendants.

Supreme Court, Special Term, Bronx County,

January 7, 1937.

*Sage, Gray, Todd & Sims,*for the plaintiff.

*Levy, Gutman & Goldberg [George Goldberg*and *William Gold,*of counsel], for defendant Goodley Holding Corporation.

Hofstadter, J.

The plaintiff has instituted an action to foreclose a junior participating interest in a first mortgage covering real estate. The defendant owner of the fee makes this motion for an order directing the plaintiff to serve an amended complaint bringing in the plaintiff’s assignor and present holder of the senior participating interest in the first mortgage on the ground, *inter alia,*that it is a necessary party to the action.

The determination • of this motion involves a construction of section 1079-a of the Civil Practice Act.

Prior to this enactment, a suit by a junior participating owner was subject to dismissal on the ground that the action constituted an attempt to split a single cause of action. *(Goodwin*v. *Investors & Traders Realty Co.,*210 App. Div. 38.) Apparently, with this rule of law in mind, section 1079-a of the Civil Practice Act was *46enacted in 1934. The section (as amd. by Laws of 1936, chap. 838, § 1) permits the owner of a junior participating share or interest in a bond secured by a mortgage to maintain an action in the event that the owner of the senior share “ to whom is given the right in the participating agreement to enforce such bond and mortgage or mortgages shall fail or refuse to commence an action * * * after ten days’ written notice and demand to commence any such action.”

The plaintiff contends that by this enactment he is in the same legal position as a second mortgagee with respect to the property. I do not so construe the statute. The sole effect of the quoted provision is to create in the junior interest a statutory right to institute suit where otherwise suit had to await the pleasure of the senior interest.

It is clear that the bond and mortgage in its inception represents a single and distinct obligation on the part of the owner of the fee. To adopt the plaintiff’s construction would be tantamount to a holding that by the assignment of shares or varying priorities with respect to a single indebtedness, several distinct and independent obligations are thereby created. The court may not adopt any such construction in the absence of a clear expression in the governing statute.

It is well settled that in a foreclosure action all parties interested in the ownership of the lien to be foreclosed must be joined either as plaintiffs or defendants. In view of this determination that the statute does not operate to create distinct and several rights and obligations in the holder of the junior participating share in a mortgage, the senior lienor is a necessary and proper party to the action. The motion is accordingly granted and the plaintiff is directed to serve an amended complaint within twenty days after «service of copy of order with notice of entry thereof. Settle order.
#### Atlas Investment Company, Appellant, vs. Christ and another, Respondents.

*February 12*

March *10, 1942.*

*117For the appellant there was a brief by *Sanville & Cohn,*attorneys, and *Harold J. Sanville*of counsel, all of Milwaukee, and oral argument by *Harold J. Sanville.*

For the respondents there was a brief by *Brennan & Brennan*of Milwaukee, and oral argument by *Joseph K. Brennan.*

Fairchild, J.

The purpose to be served by the summary-judgment statute so far as it relates to motions by plaintiff, is to prevent interposition of false or frivolous answers for the purposes of accomplishing a delay in the securing of a just judgment. The statute is, however, drastic and is to be availed of only when it is apparent that there is no substantial issue to be tried. *Prime Mfg. Co. v. A. F. Gallun & Sons Corp.*(1938) 229 Wis. 348, 349, 350, 281 N. W. 697. It is not a substitute for a regular trial nor does it authorize trial of controlling issues on affidavits.

The answer in this case setg out several claimed defenses, among them that the note was void and illegal; that no dealings were had with plaintiff; and that defendants are not indebted to plaintiff. While the answer is not as definite and certain as it might be, the question of whether the plaintiff was a holder in due course was considered; and although the issue is raised only in a limited way. it is present and this being on motion for summary judgment and not to make the pleadings more definite and certain, we treat it as though sufficiently pleaded. *McLoughlin v. Malnar*(1941), 237 Wis. 492, 495, 297 N. W. 370. There appears from the affidavits and testimony taken on adverse examination some evidence that appellant conducted the transactions leading up to the execution of the note through agents of the Blatz Brewing Company and that these agents and the respondents reached an agreement, which, if it existed to appellant’s knowledge, sets up a defensive matter and takes appellant out of the class of holder in due course. Secs. 116.18, 116.57, and 116.60, Stats. These questions rest in circumstances over which a dispute exists *118and because of this dispute the respondents are entitled to their day in court.

Under the facts as they appear upon this motion for summary judgment, the question as to whether the instrument was fraudulently put in circulation as to defendants is sufficiently raised, and when shown, the appellant has the burden of establishing that it is a holder in due course. Sec. 116.64, Stats. See *Kinney v. Kruse*(1871), 28 Wis. 183, 188; Brannan’s Negotiable Instruments Law (6th ed. by Beutel, 1938), p. 717 *et seq.,*§ 59; note (1922), 18 A. L. R. 18; note (1925), 34 A. L. R. 300; note (1928), 57 A. L. R. 1083. This is the important issue. Because of the disclosures in the record furnishing grounds for an inference that appellant is not so disassociated with the original transaction out of which the note comes as to be capable of being a *bona fide*holder in due course, we agree with the decision in the circuit court.

*By the Court.*— Order affirmed.
exhibit105q22014




THIRD AMENDMENT TO 
PURCHASE AND SALE AGREEMENT


THIS THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT (“First Amendment”), dated as of July 7, 2014, is entered into by and between HOOPER HOLMES, INC. (“Seller”), and MCELROY DEUTSCH MULVANEY & CARPENTER, LLP (“Purchaser”), with reference to the following facts:


A.Seller and Purchaser have entered into that certain Purchase and Sale Agreement dated as of May 13, 2014 as amended by a First Amendment to Purchase and Sale Agreement dated June 12, 2014 and a Second Amendment to Purchase and Sale Agreement dated July 1, 2014 (collectively the “Purchase Agreement”) for the sale of the Property, as more particularly described in the Purchase Agreement.


B.Seller and Purchaser now desire to amend the Purchase Agreement in certain respects, as provided for hereinbelow.  Capitalized terms not defined herein have the meanings specified in the Purchase Agreement.


NOW THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller and Purchaser hereby agree as follows:


1.Amendments to Purchase Agreement.  The Purchase Agreement is hereby amended as follows:


a.End of the Inspection Period.  Seller and Purchaser agree Section 1.7 of the Purchase Agreement shall be amended to read as follows:  End of the Inspection Period  shall mean 5:00 p.m. New Jersey time on July 10, 2014.


2.Successor and Assigns.  This Third Amendment shall be binding upon and inure to the benefit of the parties, their respective heirs, legal representatives, successors and assigns.


3.Counterparts.  This Third Amendment may be executed in multiple counterparts each of which is deemed an original but together constitute one and the same instrument.  Signatures sent via facsimile or electronic mail, including but not limited to signatures in the form of PDF files, scanned images, etc., shall constitute original signatures for the purposes of this Agreement.


4.Status of Purchase Agreement.  Except as specifically amended by this Third Amendment, the Purchase Agreement remains unchanged and, as amended by this Third Amendment, the Purchase Agreement is in full force and effect.


    

2331492 




IN WITNESS WHEREOF, the undersigned have duly executed this Third Amendment as of the date first above written.


	
		
	SELLER:
	HOOPER HOLMES, INC.

	 
	



By:     /s/ Tom Collins     
Name: Tom Collins
Title: SVP & CFO









	PURCHASER:
	MCELROY DEUTSCH MULVANEY & CARPENTER, LLP


/s/ James M. Mulvaney
                         
Name: 
Title: Partner







2
# L_2011159EN.01008601.xml

| 17.6.2011 | EN | Official Journal of the European Union | L 159/86 |
| --- | --- | --- | --- |

17.6.2011

EN

Official Journal of the European Union

L 159/86

---

COMMISSION IMPLEMENTING REGULATION (EU) No 578/2011

of 16 June 2011

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 17 June 2011.

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

Done at Brussels, 16 June 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 31,8 |
| TR | 54,0 |
| ZZ | 42,9 |
| 0707 00 05 | TR | 97,3 |
| ZZ | 97,3 |
| 0709 90 70 | TR | 115,7 |
| ZZ | 115,7 |
| 0805 50 10 | AR | 78,8 |
| BR | 40,6 |
| CL | 79,9 |
| TR | 76,6 |
| ZA | 78,8 |
| ZZ | 70,9 |
| 0808 10 80 | AR | 108,0 |
| BR | 77,2 |
| CL | 89,5 |
| CN | 84,6 |
| NZ | 106,4 |
| US | 178,7 |
| UY | 55,4 |
| ZA | 90,6 |
| ZZ | 98,8 |
| 0809 10 00 | TR | 158,2 |
| ZZ | 158,2 |
| 0809 20 95 | TR | 383,4 |
| XS | 175,4 |
| ZZ | 279,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

31,8

TR

54,0

ZZ

42,9

0707 00 05

TR

97,3

ZZ

97,3

0709 90 70

TR

115,7

ZZ

115,7

0805 50 10

AR

78,8

BR

40,6

CL

79,9

TR

76,6

ZA

78,8

ZZ

70,9

0808 10 80

AR

108,0

BR

77,2

CL

89,5

CN

84,6

NZ

106,4

US

178,7

UY

55,4

ZA

90,6

ZZ

98,8

0809 10 00

TR

158,2

ZZ

158,2

0809 20 95

TR

383,4

XS

175,4

ZZ

279,4

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
Rialto
CAPITAL(logo)   2017 Annual Statement of Servicer Compliance
(Item 1123)  Pooling and Servicing Agreement (the “Pooling
and Servicing Agreement”) dated as of September 1, 2012 by and among UBS Commercial Mortgage Securitization Corp., as Depositor,
Midland Loan Services, a Division of PNC Bank, National Association as Master Servicer, Rialto Capital Advisors, LLC as Special
Servicer, Park Bridge Lender Services LLC as Operating Advisor and Deutsche Bank Trust Company Americas as Trustee, Certificate
Administrator, Paying Agent and Custodian relating to the UBS-Barclays Commercial Mortgage Trust 2012-C3, Commercial Mortgage Pass-Through
Certificates, Series 2012-C3 (UBS-Barclays 2012-C3)  The undersigned, a duly authorized officer of Rialto Capital Advisors,
LLC, as special servicer (the “Special Servicer”) herein certifies to the following:  1.All servicing activities and performance of such servicing activities under the Pooling and Servicing
Agreement are performed on behalf of the Special Servicer.2.A review of the servicing activities and performance by the Special Servicer for the period of
January 1, 2017 to December 31, 2017 (the “Reporting Period”) in accordance with the Pooling and Servicing Agreement
has been conducted under my supervision.3.To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of
its obligations under the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if
there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof
has been specifically identified herein.   Certified by:
    /s/ Adam Singer
    
    Date: March 1,
    2018Adam Singer, Managing Director
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, February 03, 2016.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, February 03, 2016

The Court of Appeals hereby passes the following order

A16D0212. IN THE INTEREST OF: R. P., B. P. AND N. P., CHILDREN (FATHER) .

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be

hereby DENIED.

LC NUMBERS:

1502233 1502234 1502235
# L_2011133EN.01000401.xml

| 20.5.2011 | EN | Official Journal of the European Union | L 133/4 |
| --- | --- | --- | --- |

20.5.2011

EN

Official Journal of the European Union

L 133/4

---

COMMISSION IMPLEMENTING REGULATION (EU) No 484/2011

of 18 May 2011

entering a name in the register of protected designations of origin and protected geographical indications [Gönci kajszibarack (PGI)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Hungary’s application to register the name ‘Gönci kajszibarack’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Hungary’s application to register the name ‘Gönci kajszibarack’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 18 May 2011.

For the Commission, On behalf of the President,

Dacian CIOLOŞ

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 247, 14.9.2010, p. 6.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

HUNGARY

Gönci kajszibarack (PGI)

---
##### 



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
    /s/Charles T. Goodson

Charles T. GoodsonChief Executive OfficerNovember 6, 2007
EXHIBIT
32.2




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 Wasatch Food Services, Inc.  (the “Company”) on Form
10-Q for the fiscal quarter ended December 31, 2009 as filed with the U.S.
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his
knowledge:




1.           The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and




2.           The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operation of the Company.




Date: February
      16, 2010
                By:
                /s/Chenglin
      WangName:
                Chenglin
      WangTitle:
                Chief
      Financial Officer, Principal Financial and
                  Accounting
      Officer




A signed
original of this written statement required by Section 906, or other document
authentications, 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 Wasatch Food Services, Inc. will be
retained by Wasatch Food Services, Inc. and furnished to the U.S. Securities and
Exchange Commission or its staff upon request.




32.2
EXHIBIT 23.1

Consent of Independent Registered Public Accounting Firm

Board
of Directors and Shareholders
Prospect Medical Holdings, Inc.
Los Angeles, California

We
hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-137496), Form S-4
(No. 333-162241) and Forms S-8 (No. 333-156558, No. 333-128700 and 333-153037) of Prospect Medical Holdings, Inc. of our report
dated December 18, 2009, relating to the consolidated financial statements and financial statement schedule, which appears in this Form 10-K for the year ended
September 30, 2009.

/s/BDO SEIDMAN LLP


Costa
Mesa, California
December 18, 2009

---



QuickLinks
Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report ofGreenChek Technology Inc.(the "Company") on Form 10-Q for the period ended August 31, 2008 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Lincoln Parke, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 20thday of October, 2008.



LINCOLN PARKELincoln ParkeChief Executive Officer












---
Exhibit 32.2

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 China Prosperous Clean Energy Corporation (the Company) on Form 10-Q for the
period ended June 30, 2009 as filed with the Securities and Exchange Commission (the Report), I, Ben
Wang, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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: August 14, 2009 |  | /s/ Ben Wang                   
|                      |  | Ben WangChief Financial Officer
|                      |  |
# L_2022321DE.01007901.xml

| 15.12.2022 | DE | Amtsblatt der Europäischen Union | L 321/79 |
| --- | --- | --- | --- |

15.12.2022

DE

Amtsblatt der Europäischen Union

L 321/79

---

Berichtigung der Verordnung (EU) Nr. 1178/2011 der Kommission vom 3. November 2011 zur Festlegung technischer Vorschriften und von Verwaltungsverfahren in Bezug auf das fliegende Personal in der Zivilluftfahrt gemäß der Verordnung (EG) Nr. 216/2008 des Europäischen Parlaments und des Rates

(
  Amtsblatt der Europäischen Union L 311 vom 25. November 2011
  )

Seite 95, Anhang I Teil-FCL Anlage 4 Buchstabe C Nummer 5 Tabelle Abschnitt 2 Buchstabe h:

Anstatt:

| „h) | Starts und Landungen von/auf Hängen und außerhalb genehmigter Hubschrauberflugplätze“ |
| --- | --- |

„h)

Starts und Landungen von/auf Hängen und außerhalb genehmigter Hubschrauberflugplätze“

muss es heißen:

| „h) | Landungen und Starts auf Hängen/nicht präparierten Plätzen“. |
| --- | --- |

„h)

Landungen und Starts auf Hängen/nicht präparierten Plätzen“.

---
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 10-K/A
 Amendment No. 1
 þ
    
    ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 For the fiscal year ended December 31, 2004
 OR
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT
OF 1934
 For the transition period from           to
 Commission file number: 000-24931
 S1 CORPORATION
 (Exact name of registrant as specified in its charter)
 Delaware
(State or other jurisdiction of
incorporation or organization)
    
    58-2395199(I.R.S. Employer
Identification No.)3500 Lenox Road, NE, Suite 200
Atlanta, Georgia
(Address of principal executive offices)
    
    30326(Zip Code)
 Registrants telephone number, including area code: (404) 923-3500
 Securities registered pursuant to Section 12(b) of the Act:
  Securities registered pursuant to Section 12(g) of the Act:
 
 x o
 o
 x o
   Documents Incorporated by Reference




---



TABLE OF CONTENTS  Explanatory NoteSIGNATUREEX-31.1 SECTION 302, CERTIFICATION OF THE CEOEX-31.2 SECTION 302, CERTIFICATION OF THE CFOEX-32.1 SECTION 906, CERTIFICATION OF THE CEOEX-32.2 SECTION 906, CERTIFICATION OF THE CFO    Table of Contents  
 Explanatory Note
    2




---



##### Table of Contents



SIGNATURE
  S1 CORPORATIONBy:
    /s/      Matthew HaleMatthew HaleChief Financial Officer 3