alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.32



[CIBC LOGO]

                                 Amendment No. 1
                                     to the
                            Business Credit Agreement
                              dated March 18, 1998
 Between Canadian Imperial Bank of Commerce ("CIBC")and the Customer noted below

--------------------------------------------------------------------------------
Customer:                                         CIBC Branch/Centre:
Pivotal Corporation                               400 Burrard Street, 7th Floor
224 West Esplanade, Suite 300                     Vancouver, B.C.
North Vancouver, B.C.  V2M 3M6                    V6C 3A6
--------------------------------------------------------------------------------
Amendments.  The Agreement is amended as follows:

1)     $1,600,000 U.S. Letter of  Credit. The following  additional  security is
required for this facility: Liquid Security: Pledge of $1,600,000 U.S to be held
by CIBC Wood Gundy Securities Inc. in the form of Money Market Investments.

The Fees for this Letters of Credit are CIBC's standard L/C fees,  minimum $150,
plus  out  of  pocket  expenses.   Plus  the  completion  of  our  standard  L/C
documentation.

The credit  facilities  will remain on a demand basis and at the pleasure of the
Bank.

Please  indicate  your  acceptance  of these amended terms by returning a signed
copy of this Agreement by June 30, 2001,  then it shall become null and void and
of no further force and effect.






<TABLE>
<S>                                                                                             <C>

---------------------------------------------------------------------------------------------------
Other Matters.  (1) The term "the Agreement" means the Business Credit Agreement
referred to above, as it may have been revised up to the date of his Amendment.
(2) Except as revised by this Amendment, the Agreement remains in full force.
---------------------------------------------------------------------------------------------------
Dated as of: June 19, 2001
---------------------------------------------------------------------------------------------------
For CIBC:                                      For the Customer:
---------------------------------------------------------------------------------------------------
By:  /s/ T.A. Smith                            /s/ George Reznik           /s/ Upton Jeans
---------------------------------------------------------------------------------------------------
Name:  T.A. (Tom) Smith                        Name: George Reznik         Name: Upton Jeans
---------------------------------------------------------------------------------------------------
Title:  Director, Knowledge Based Business     Title:  V.P., Corporate     V.P. Finance & Admin.
                                               Finance
---------------------------------------------------------------------------------------------------
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   18,141
<ALLOWANCES>                                     2,047
<INVENTORY>                                     22,372
<CURRENT-ASSETS>                                41,626
<PP&E>                                          35,592
<DEPRECIATION>                                  18,222
<TOTAL-ASSETS>                                 103,862
<CURRENT-LIABILITIES>                           23,338
<BONDS>                                        177,174
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                    (98,230)
<TOTAL-LIABILITY-AND-EQUITY>                   103,862
<SALES>                                        120,270
<TOTAL-REVENUES>                               120,270
<CGS>                                           85,575
<TOTAL-COSTS>                                   85,575
<OTHER-EXPENSES>                                14,498
<LOSS-PROVISION>                                   552
<INTEREST-EXPENSE>                              15,116
<INCOME-PRETAX>                                  4,529
<INCOME-TAX>                                     (308)
<INCOME-CONTINUING>                              4,837
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,837
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#                                                     Jonathan J  Abbott                                            

### 

## Contact

abbottjj@ornl.gov|865.804.0857
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and col lateral estoppel. This court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate recor d, this three-judge panel has determined unanimously that oral argumentwould not be of material assistance in the determination of this appeal. Se e Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered sub mitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### MAY 6 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
RONNIE DIAL, Petitioner - Appellant, v. ROBERT D. HANNIGAN and ATTORNEY GENERAL OF KANSAS, Respondents - Appellees. No. 97-3235 (D.C. No. 97-CV-3031) (D. Kan.)

ORDER AND JUDGMENT *
Before PORFILIO , KELLY , and HENRY , Circuit Judges. ** Mr. Dial seeks to appeal from the denial of his hab eas corpus petition, 28 U.S.C. § 2254. In his petition, Mr. Dial argues th at the Kansas Sentencing Guidelines Act, as amended effective July 1, 1993, see Kan. Stat. Ann. §§ 21- 4701 to 21-4728 (1995), and its retroactivity provi sion, see id. § 21-4724, violate- 2 -

equal protection. Mr. Dial’s view essentially is t hat all convictions should be eligible for retroactive application of the Guideli nes and that any equal protection challenge should be evaluatated on the basis of str ict scrutiny. Both the Kansas state courts and the district courthave rejected similar arguments. See Chiles v. State , 869 P.2d 707, 714-18 (Kan.), cert. denied , 513 U.S. 850 (1994); Jones v. Bruce , 921 F. Supp. 708, 710-12 (D. Kan. 1996). We are likewise unpersuaded. Mr. Dial has not shown that his circumstances are similar to those in State v. Fierro , 895 P.2d 186, 189-91 (Kan. 1995), thus, Fierro does not support his position. We DENY Mr. Dial’s Application for a Certificate of Appealability and DISMISS the appeal. All pending motions are denied
.

Entered for the Court Paul J. Kelly, Jr. Circuit Judge
Exhibit
32.1









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 Amendment No. 1 to the Annual Report of Ameritrans Capital
Corporation (the "Company") on Form 10-K/A for the period ended June 30, 2009 as
filed with the Securities and Exchange Commission on October 28, 2009 (the
"Report"), the undersigned, in the capacity and on the date indicated below,
hereby certifies 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, 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:
      October 28, 2009
            
            
            
            /s/
      Michael R. FeinsodMichael
      R. Feinsod
              Chief Executive Officer
EXHIBIT 31B  CERTIFICATION  I, Qu Shuzhi, certify that:  1. I have reviewed this annual report on Form 20-F of Yantai Dahua Holdings Company Limited.  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 registrant as of, and for, the periods presented in this report;  4. The company'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 company 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 company, 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 company's disclosure controls and procedures and presented in this report our conclusion that 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 a change in the company's internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting.  YANTAI DAHUA HOLDINGS COMPANY LIMITED    /s/ Qu Shuzhi Qu Shuzhi, Chief Financial Officer  Date: July 14, 2006
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-20203

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

FIDEL GUEVARA-TORRES,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CR-H-94-225-1

- - - - - - - - - -

May 3, 1996

Before KING, DAVIS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Fidel Guevara-Torres appeals his convictions and sentences

for conspiracy to possess with intent to distribute, aiding and

abetting in the possession with intent to distribute, conspiracy

to import, and aiding and abetting the importation of, more than

five kilograms of cocaine. He contends that the evidence was

insufficient to convict him. He also contends that the
No. 95-20203

-2-

Government relied on the testimony of one of his coconspirators

and that the testimony was unreliable.

We have reviewed the record and the briefs of the parties

and hold that the evidence was sufficient for a reasonable jury

to find Guevara-Torres guilty beyond a reasonable doubt. United

States v. Velgar-Vivero, 8 F.3d 236, 239 (5th Cir. 1993)

(citation omitted), cert. denied, 114 S. Ct. 1865, 2715 (1994).

Even uncorroborated testimony of a coconspirator who entered a

plea agreement with the Government is sufficient to support a

conviction provided that the "testimony is not incredible or

insubstantial on its face." United States v. Singer, 970 F.2d

1414, 1419 (5th Cir. 1992); United States v. Osum, 943 F.2d 1394,

1405 (5th Cir. 1991). The jury determines the credibility of 

witnesses. United States v. Layne, 43 F.3d 127, 130 (5th Cir.),

cert. denied, 115 S. Ct. 1722 (1995). 

AFFIRMED.
Order entered September 7, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-01286-CV

PETER BEASLEY, Appellant

V.

SOCIETY OF INFORMATION MANAGEMENT, DALLAS AREA CHAPTER, Appellee

On Appeal from the 162nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-16-03141

ORDER

Appellant’s motion for leave to file a supplemental brief is DENIED.

/s/ LANA MYERS 

PRESIDING JUSTICE
#### Peiffer and another, Appellants, vs. Wagner and another, Respondents. [Two cases.]

*October 8*

November *6, 1951.*

For the appellants there was a brief by *Byrne, Bubols & Spanagel*of Appleton, and *Runkel & Runkel*of Port Washington, and oral argument by *Edward J. Byrne*and *Paul Runkel.*

For the respondents there was a brief by *Schanen, Schanen & Pauly*and *Frank X. Didier,*all of Port Washington, and oral argument by *Mr. Erwin Pauly*and *Mr. Didier.*

Fairchild, J.

It is stipulated that the questions involved in the above-entitled cases are the same as those considered and determined in the cases of *Wagner v. Peiffer,*ante, p. 566, 49 N. W. (2d) 739. The ruling in the foregoing cases apply here, and the judgments must be affirmed.

*By the Court.*— -Judgments affirmed.
Exhibit
32.1






CERTIFICATION


PURSUANT
TO 18 U.S.C. SECTION 1350






In
connection with the accompanying Quarterly Report on Form 10-Q of AFH Holding
II, Inc. (the “Company”) for the quarter ended September 30, 2008, I, Amir F.
Heshmatpour, President of 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, to the best of my knowledge and belief, that:






1.
Such Quarterly Report on Form 10-Q for the quarter ended September 30, 2008,
fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of l934; and






2.
The information contained in such Quarterly Report on Form 10-Q for the quarter
ended September 30, 2008, fairly presents, in all material respects, the
financial condition and results of operations of the Company.




Dated:
      November 14, 2008
                
                /s/ Amir
      F. HeshmatpourAmir
      F. HeshmatpourPresident
      (Principal
      Executive Officer)


/s/ Amir
      F. HeshmatpourAmir
      F. Heshmatpour(Principal
      Financial and Accounting Officer)
# L_2012263EN.01004301.xml

| 28.9.2012 | EN | Official Journal of the European Union | L 263/43 |
| --- | --- | --- | --- |

28.9.2012

EN

Official Journal of the European Union

L 263/43

---

COUNCIL DECISION

of 24 September 2012

appointing an Estonian member of the Committee of the Regions

(2012/526/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Estonian Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Teet KALLASVEE, |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Teet KALLASVEE,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| — | Mr Georg LINKOV, Mayor of Kärdla. |
| --- | --- |

—

Mr Georg LINKOV, Mayor of Kärdla.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 24 September 2012.

For the Council

The President

A. D. MAVROYIANNIS

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
Exhibit 10.21



August 25, 2006





Silvia M. Mullens, Vice President

Elk Associates Funding Corporation

747 Third Avenue

New York, New York   10017



Re:

Elk Associates Funding Corporation ("Elk") Employee Contract Dated As of January 1, 2002 (the "Contract")



Dear Ms. Mullens:



Pursuant to our discussions regarding the terms and conditions of your employment with Elk and pending the Elk Compensation Committee's review of the Contract, and the Board of Directors subsequent review, we have requested that you agree to a modification to the provisions of Paragraph 2 of the Contract regarding the Initial Employment Period and the extension of same.



The current provision requires that Elk "gives notice of non-renewal at least four (4) months prior to the expiration of the Initial Employment Period" which would be September 1, 2006.  By signing a copy of this letter in the space provided, you agree to a modification of the period for the notice of non-renewal by Elk to two (2) months prior the expiration of the Initial Employment Period or not later than November 1, 2006.



All other terms and conditions of the Contract remain the same.



If you are in agreement with the modification described herein, please sign a copy of this letter in the space provided.



Very truly yours,

Elk Associates Funding Corporation





By:_/s/ Gary C. Granoff _________

Gary C. Granoff, President



Agreed to and Accepted

This 25th Day of August, 2006





_/s/_Silvia M. Mullens ________

Silvia M. Mullens, Vice President
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The
undersigned, William R. Short, the Chief Executive Officer of Touchmark Bancshares, Inc. (the Company), does 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 the best of my knowledge:

1. The quarterly report on Form 10-Q of the Company for the quarter ended June 30, 2009 as
filed with the Securities and Exchange Commission on this date (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 result of operations of the Company.



|                      |  |  |  |     |  |                      |  |                              
|--------------------- |  |  |  | --- |  | -------------------- |  | -----------------------------
|Date: August 13, 2009 |  |  |  | By: |  | /s/ William R. Short
|                      |  |  |  |     |  |                      |  | William R. Short             
|                      |  |  |  |     |  |                      |  | Chief Executive Officer      
|                      |  |  |  |     |  |                      |  | (Principal Executive Officer)
Exhibit 10.1

$375,000.00                                                Springfield, Missouri
                                                                 May _____, 2001

                                 PROMISSORY NOTE


         FOR  VALUE  RECEIVED,  the  undersigned,  Decorate,  Inc.,  a  Missouri
corporation  (hereinafter "Borrower") hereby promises to pay to the order Jon T.
Baker (hereinafter "Creditor"),  the principal sum of Three Hundred Seventy-Five
Thousand  Dollars  ($375,000.00),  with interest thereon from the date hereof at
the rate per annum 1% in excess of the prime  rate as quoted in The Wall  Street
Journal  (the  "Prime  Rate"),  said rate to change as and when said  Prime Rate
changes, on the ______ day of May, 2002.

         All payments  received with respect to this Note shall first be applied
to interest accrued on the principal balance, and the remainder shall be applied
to principal.

         Borrower  hereby  waives  presentment,  demand for  payment,  notice of
dishonor,  and all other  notices and demands in  connection  with the delivery,
acceptance, performance, default or endorsement of this Note.

         In  the  event  of  default,  Borrower  agrees  to  pay  all  costs  of
collection,  including a reasonable  attorney fee, if this Note is placed in the
hands of an attorney for collection or if suit is filed thereon.

         Borrower  shall have the  privilege of making cash payments in addition
to those called for in this Note at any time without penalty.

         Payments   on  this   Note   shall   be  paid   to  the   Creditor   at
_____________________,  or such other  address as he or any other holder of this
Note may direct in writing.

         Pursuant to RSMo.ss.  432.045,  the Creditor hereby gives the following
notice to the Borrower:

                  "Oral  agreements or commitments to loan money,  extend credit
         or to forebear from enforcing repayment of a debt including promises to
         extend  or  renew  such  debt  are  not  enforceable.  To  protect  you
         (borrower(s))    and   us   (creditor)   from    misunderstanding    or
         disappointment,  any  agreements  we reach  covering  such  matters are
         contained  in  this  writing,  which  is  the  complete  and  exclusive
         statement of the agreement  between us, except as we may later agree in
         writing to modify it."

                                        1
<PAGE>

         IN WITNESS WHEREOF, the Borrower, by its duly authorized officers,  has
executed this Note as of the _______ day of May, 2001.



                                                 DECORATE, INC.


                                                 By:
                                                     --------------------------


                                        2