alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.1
  AMCON Distributing Company
  Chamberlin Natural Foods, Inc.
 Health Food Associates, Inc.
 Re:
    
    Twelfth Amendment to Amended and Restated Loan and Security Agreement
(this Amendment)
  AMCON Distributing Company AMCON Chamberlin Natural Foods, Inc. Chamberlin Natural Health Food Associates, Inc. Health Food Borrower Borrowers Bank of America, N.A. LaSalle Bank National Association BofA Agent M&I Marshall & Ilsley
Bank Lenders Loan Agreement Amendment Amendments Agreement




---



##### 



NOW, THEREFORE,
  Subsection 2(a)(ii)
  Subsection 13(d)
 Mergers, Sales, Acquisitions, Subsidiaries and Other
Transactions Outside the Ordinary Course of Business
 provided however
  -2-




---



##### 



Subsection 15(m)
 Change of Control.
   Section 11
    -3-




---



##### 



[Signatures appear on following pages]
  -4-




---



##### 



(Signature Page to Twelfth Amendment to
Amended and Restated Loan and Security Agreement)
 BANK OF AMERICA, N.A., a national
banking association, as Agent and a LenderBy:
    /s/ Jason HoeflerTitle:  VP M&I MARSHALL & ILSLEY BANK, as a LenderBy:

/s/
Michael DayleTitle:   VPBy:
    /s/ Dan DewittTitle:   AVP ACKNOWLEDGED AND AGREED TO this 14th day of July, 2009: AMCON DISTRIBUTING COMPANYBy:
    
    /s/ Andrew C. PlummerTitle: VP & CFOCHAMBERLIN NATURAL FOODS, INC.By:
    
    /s/ Clifford GinnTitle: VPHEALTH FOOD ASSOCIATES, INC.By:
    
    /s/ Clifford GinnTitle: VP
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          JUL-01-2000             JUL-03-1999
<PERIOD-START>                             OCT-03-1999             SEP-26-1998
<PERIOD-END>                               JAN-01-2000             DEC-26-1998
<CASH>                                          66,255                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  510,359                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    467,978                       0
<CURRENT-ASSETS>                             1,108,417                       0
<PP&E>                                         468,492                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               2,289,323                       0
<CURRENT-LIABILITIES>                          494,621                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                   886,165                       0
<SALES>                                      1,674,952               1,533,089
<TOTAL-REVENUES>                             1,674,952               1,533,089
<CGS>                                        1,360,852               1,251,007
<TOTAL-COSTS>                                  261,633                 230,833
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              17,208                  16,476
<INCOME-PRETAX>                                 45,259                  34,733
<INCOME-TAX>                                    17,208                  14,165
<INCOME-CONTINUING>                             27,277                  20,608
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                   2,748
<CHANGES>                                            0                       0
<NET-INCOME>                                    27,277                  17,860
<EPS-BASIC>                                       0.27                    0.20
<EPS-DILUTED>                                     0.27                    0.19


</TABLE>
Page 1 of 2

Occupational Safety And Health Review Commission

Commissioners’ Monthly Docket Report at Close of Business on November 30, 2017

DOCKET

NUMBER

RESPONDENT'S

NAME

DOCKETED TYPE* BRIEFING

NOTICE 

DATE

BRIEFING 

STATUS

COMMISSIONER 

NOT 

PARTICIPATING

1 09-1901 Seward Ship’s 

Drydock, Inc. 11/14/11 DFR 11/21/11, 04/17/13 Closed

2 08-1774 Angelica Textile 

Services, Inc. 09/28/12 DFR 10/16/12 Closed

3 11-2395 Kiewit Power 

Constructors Co. 01/24/13 DFR 03/04/13 Closed

4 11-1734 Calpine 

Corporation 06/24/13 DFR 06/26/13 Closed

5 10-0637

BP Products North 

America, Inc., & 

BP-Husky 

Refining, LLC

09/16/13 DFR 11/01/13 Closed

6 12-1600 Envision Waste 

Services 02/10/14 DFR 02/24/1404/16/14 Closed

7 12-2142

Meadows 

Construction 

Company, LLC

06/05/14 DFR 06/24/14 Closed

8 12-1617 Houston 

Aquarium, Inc. 09/18/14 DFR 10/20/14 Closed

9 13-1022

Mid South 

Waffles, Inc., d/b/a 

Waffle House 

#1283

12/31/14 DFR 02/03/15 Closed

10 14-0948 Florida Gas 

Contractors, Inc. 01/15/15 DFR 02/06/15 Closed

11 12-1287 CSA Equipment 

Company, LLC 01/16/15 DFR 02/09/15 Closed

12 13-0224 A.H. Sturgill 

Roofing, Inc. 03/23/15 DFR 04/08/15 Closed

13 13-1817 Missouri Basin 

Well Service Inc. 04/23/15 DFR 05/07/15 Closed

14 14-0844 Quick Transport of 

Arkansas, LLC 07/01/15 DFR 07/28/15 Closed

15 13-1124 Integra Health 

Management, Inc. 07/21/15 DFR 09/18/15 Closed

16 13-0900 Suncor Energy 

(U.S.A.) Inc. 08/31/15 DFR 09/18/15 Closed

17 13-1169 North Eastern 

Precast LLC 10/29/15 DFR 11/02/15 Closed

18 13-1170 Masonry Services 

Inc. dba MSI 10/29/15 DFR 11/02/15 Closed

19 13-0644 Wynnewood 

Refining Co., LLC 03/03/16 DFR 03/18/16 Closed
Page 2 of 2

Occupational Safety And Health Review Commission

Commissioners’ Monthly Docket Report at Close of Business on November 30, 2017

DOCKET

NUMBER

RESPONDENT'S

NAME

DOCKETED TYPE* BRIEFING

NOTICE 

DATE

BRIEFING 

STATUS

COMMISSIONER 

NOT 

PARTICIPATING

20 13-0791 Wynnewood 

Refining Co., LLC 03/03/16 DFR 03/18/16 Closed

21 14-1688

Science 

Applications 

International 

Corp., d/b/a SAIC

06/23/16 DFR 10/31/16 Closed

22 15-1121 Clean Fuels of 

Indiana, Inc. 06/30/16 DFR 11/09/16 Closed

23 14-1268

Dover High 

Performance 

Plastics

07/19/16 DFR 11/01/16 Closed

24 15-1347 Gate Precast 

Company 11/10/16 DFR 12/05/16 Closed

25 16-1533

Cooper/T. Smith 

Corporation, d/b/a 

Blakeley 

Boatworks, Inc.

04/27/17 DFR 04/27/17 Closed

26 16-0803

The Lane 

Construction 

Corporation

05/23/17 DFR 09/14/17 Open

27 16-1167 Aerospace Testing 

Alliance 8/22/17 DFR 11/20/17 Open

28 15-1069 Healy Tibbitts 

Builders, Inc. 10/27/17 DFR 11/13/17 Open

29 16-0940 Angel Brothers 

Enterprises, Ltd. 11/17/17 DFR

*DFR – Direction For Review

 REM – Appellate Remand

 INT REV – Interlocutory Review
Reporting for ܆ 1st, ܆ 2nd

Entity Number __________

Permit ________________MSHA Number __________Mine Name _____________State _________________Contact Name __________

Telephone Number ______

Amended OSM-1 Coal Reclamation Fee Report

Use this form to change an OSM-1 report already submitted. If you previously made payments to the lockbox for one or more mines of less than $500, you may either elect to make payments via electronic fund transfer, as listed above or you should update the payment mailing address to:Office of Surface Mining Reclamation and Enforcement, P.O. Box 25065, Lakewood, CO 80225

Approved by OMB, no. 1029-0063. Expires 2/28/2027

2.

U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement

a. Gross Tons .b. Moisture

(1) Total . %(2) Inherent . %(3) Excess . %

c. Reduced Tons .d. Net Tons .e. Rate $ .f. Calculated Fee $ .

a. Gross Tons .b. Moisture

(1) Total . %(2) Inherent . %(3) Excess . %

c. Reduced Tons .d. Net Tons .e. Rate $ .f. Calculated Fee $ .

Enter the difference 

 + plus - minu

Calculated Fe$ 

 check wire tra

I hereby certify that the statements made herein are true, complete andcorrect to the best of my knowledge and belief and are made in good faith ______________________________________________________________________ Print in ink or type the name of reporting person, corporate officer, agent or directoron behalf of the operator or the permittee signing below. _____________________________________________________________________ Signature Date

- Submit a properly notarized copy of the OSM-1 formSubscribed and sworn to before me in my presence the 

______ day of __________, 20______.______________________________________Notary Public signature Commission expires:_______

- Sign an unsworn statement-

“I declare under penalty of perjury that the foreg

correct. Executed on _____ day of _______

______________________________________

Signature

OR

Block AEnter originally reported tonnage below:

Block BEnter amended tonnage below:

Block CEnter the difference 

Please explain the changes to your original filing on the back of this form

1.

3.

4.
Paperwork Reduction Act Statement

This information is being collected to comply with the regulatory requirements of 30 CFR 870.15(b) which requires each operator to use mine report OSM-1 form and this 

Amended OSM-1 form as needed to report the coal tonnage sold, used or ownership transferred during the applicable calendar quarter. Response to this request is mandatory 

in accordance with Section 402(a) of the Surface Mining Control and Reclamation Act of 1977, 30 USC 1232. 

Burden Estimate 

Public reporting burden for the Amended OSM-1 form based on one permit is 5 minutes to complete the electronic form and 15 minutes to complete the paper form. The 

burden estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the date needed, and completing and reviewing the 

form. Approved by OMB, no. 1029-0063. Expires 2/28/2027
Occupational Safety And Health Review Commission
Commissioners’ Monthly Docket Report at Close of Business on November 30, 2020
 
DOCKET
NUMBER
RESPONDENT'S
NAME
DOCKETED

TYPE*

BRIEFING
NOTICE DATE
BRIEFING STATUS
COMMISSIONER NOT PARTICIPATING
1
17-0190
Shelly & Sands, Inc.
05/02/18
DFR
05/10/18
Closed

2
15-1574
MasTec North America dba MasTec Advanced Technologies, Inc.
06/20/18
DFR
07/10/18
Closed

3
17-0949
Walmart, Inc.
07/12/18
DFR
08/09/18
   Closed

4
17-1214
Mansfield Industrial, Inc.
11/23/18
DFR
01/03/19
Closed

5
17-0483
Ceco Concrete Construction, LLC
11/28/18
DFR
12/19/18
Closed

6
16-1628
Schaad Detective Agency, Inc.
12/18/18
DFR
01/07/19
Closed

 7
17-2144
Tampa Electric Co.
04/09/19
DFR
04/23/19
Closed

 8
18-0034
Armstrong Utilities, Inc. d/b/a Armstrong Cable Services
10/15/19
DFR
10/24/19
Closed

 9
17-0138
Home Rubber Company, LP
10/22/19
DFR
  11/04/19
Closed

10
18-0970
FreightCar America, Inc.
10/28/19
DFR
11/04/19
Closed

11
18-0758
RoadSafe Traffic Systems, Inc.
10/30/19
DFR
11/01/19
Closed

12
17-1894
Maxim Crane Works
02/06/20
DFR
02/14/20
Closed

13
17-0737
UHS of Westwood Pembroke, Inc.
UHS of Delaware, Inc.
03/19/20
DFR
03/25/20
Closed

14
19-0593
StormForce of Jacksonville, LLC
06/04/20
DFR
07/28/20
Closed

15
18-0068
Roy Rock, LLC
08/21/20
DFR
08/28/20
Open

16
18-1451
Summit Contracting Group, Inc.
08/24/20
DFR
09/25/20
Open

17
16-1713
United States Postal Service
08/31/20
DFR
09/25/20
Open

18
16-1813
United States Postal Service
08/31/20
DFR
09/25/20
Open

19
16-1872
United States Postal Service
08/31/20
DFR
09/25/20
Open

20
17-0023
United States Postal Service
08/31/20
DFR
09/25/20
Open

21
17-0279
United States Postal Service
08/31/20
DFR
09/25/20
Open

22
20-0528
Burlington Capital PM Group, Inc. d/b/a Post Woods Apartment Homes
09/25/20
DFR



23
16-1865
AJM Packaging Corporation
10/07/20
DFR
10/14/20
Open

24
19-0723
Midwest Equipment Company
10/23/20
DFR
11/25/20
Open

25
16-1587
TNT Crane & Rigging, Inc. 
11/18/20
DFR



 *DFR – Direction For Review
  REM – Appellate Remand
  INT REV – Interlocutory Review
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, May 14, 2024.

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, May 14, 2024

The Court of Appeals hereby passes the following order

A24A1115. CONNIE LINDSEY et al v. HOME DEPOT U.S.A., INC., et al.

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW 

THE APPEAL in the above styled case, it is ordered that the motion be hereby GRANTED, and 

jurisdiction is released back to the trial court upon receipt of this order.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at March 31, 2000 and the Statement of Income for the Six Months
Ended March 31, 2000 (Unaudited) and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                            <C>
<PERIOD-TYPE>                 6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                           1,539
<SECURITIES>                                         0
<RECEIVABLES>                                   18,553
<ALLOWANCES>                                       879
<INVENTORY>                                     23,609
<CURRENT-ASSETS>                                44,364
<PP&E>                                          14,464
<DEPRECIATION>                                   7,378
<TOTAL-ASSETS>                                  67,103
<CURRENT-LIABILITIES>                           26,042
<BONDS>                                         24,496
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            27
<OTHER-SE>                                      15,296
<TOTAL-LIABILITY-AND-EQUITY>                    67,103
<SALES>                                        223,780
<TOTAL-REVENUES>                               223,780
<CGS>                                          195,106
<TOTAL-COSTS>                                  195,106
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,564
<INCOME-PRETAX>                                  3,518
<INCOME-TAX>                                     1,300
<INCOME-CONTINUING>                              2,218
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,218
<EPS-BASIC>                                      .81
<EPS-DILUTED>                                      .77


</TABLE>
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-1874

___________ Michael B. Hodges, * * Appellant, * * v. * * Pulaski County Regional Detention * Facility, * * Defendant, * * Blocker, Deputy, individually and in * Appeal from the United States his official capacity; Acklin, Deputy, * District Court for the individually and in his official * Eastern District of Arkansas. capacity; Carroll Gravett, Sheriff, * [UNPUBLISHED] Pulaski County, individually and in * his official capacity; R. Rack, Deputy, * individually and in his official * capacity; Meredith Camielle Mack, * Originally sued as Mrs. Mack, * inidivdually and in her official * capacity; Reeder, Lt., individually and * in his official capacity; Charles Blake, * Mr., originally sued as “Blake”, * individually and in his official capacity, * * Appellees. *

___________ Submitted: September 22, 1998 Filed: October 2, 1998

___________The Honorable H. David Young, United States Magistrate Judge f or the Eastern 1 District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2- Before WOLLMAN, HANSEN, and KELLY, Circuit Judges.

___________ PER CURIAM. Michael Hodges, an Arkansas inmate, appeals from the district court & s dismissal 1 of his 42 U.S.C. § 1983 action following an evidentiary hearing. Hodges claimed that the defendants failed to protect him from a sexual assault by another inmate, and used excessive force against him on two occasions, while he was a pretrial detainee at the Pulaski County Regional Detention Center. Having reviewed the record, we conclude that dismissal was proper because Hodge s failed to offer evidence that the defendants & response t o the threat of harm to Hodges was unreasonable, see Farmer v. Brennan , 511 U.S. 825 , 837, 844 (1994), or that the defendants & use of force against Hodge s amounted to punishment, see Graham v. Conner , 490 U.S. 386, 395 & n.10 (1989)

. We also conclude that the distric t court did not abuse its discretion in denying Hodges additional w itnesses. Cf. Williams v. Carter , 10 F.3d 563, 566 (8th Cir. 1993 ) (de cisionto grant or deny subpoenas for indigent parties pursuant to 28 U.S.C

. § 1915(c) is within discretion of trial court). Accordingly, the judgment is affirmed. A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND CONDENSED CONSOLIDATED STATEMENT OF
OPERATIONS FOUND ON PAGES 2 AND 3 OF THE COMPANY'S FORM 10-Q FOR THE YEAR TO
DATE AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-29-1998
<CASH>                                          33,454
<SECURITIES>                                     7,107
<RECEIVABLES>                                    4,271
<ALLOWANCES>                                         0
<INVENTORY>                                     15,254
<CURRENT-ASSETS>                                72,294
<PP&E>                                          11,581
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  83,875
<CURRENT-LIABILITIES>                           16,849
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      67,012
<TOTAL-LIABILITY-AND-EQUITY>                    83,875
<SALES>                                         20,248
<TOTAL-REVENUES>                                20,248
<CGS>                                           11,173
<TOTAL-COSTS>                                   11,173
<OTHER-EXPENSES>                                11,226
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,670)
<INCOME-TAX>                                     (450)
<INCOME-CONTINUING>                            (1,220)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,220)
<EPS-PRIMARY>                                   (0.09)
<EPS-DILUTED>                                   (0.09)
        

</TABLE>
<Page>



                                                                    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 the Annual Report of Emtec, Inc. (the "Company") on
Form 10-K for the period ending August 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Dinesh R. Desai, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. 'SS' 1350, as
adopted pursuant to 'SS' 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 the Report fairly presents, in all material
  respects, the financial condition and result of operations of the Company.

                                                 /s/ Dinesh R. Desai
                                                 -----------------------
                                                 Dinesh R. Desai
                                                 Chief Executive Officer
                                                 December 14, 2005
# Official Journal C 111/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 111 |
| | |
| English edition | Information and Notices | Volume 658 March 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 111

English edition

Information and Notices

Volume 658 March 2022

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 111/01 | Non-opposition to a notified concentration (Case M.10620 – GIP / SSE / OTPP / SCOTIA GAS NETWORKS) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 111/01

Non-opposition to a notified concentration (Case M.10620 – GIP / SSE / OTPP / SCOTIA GAS NETWORKS) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2022/C 111/02 | Euro exchange rates — 7 March 2022 | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2022/C 111/02

Euro exchange rates — 7 March 2022

2

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2022/C 111/03 | Prior notification of a concentration (Case M.10637 – CERTAS / ENGIE SOLUTIONS / SSEC JV) – Candidate case for simplified procedure (
  1
  ) | 3 |
| 2022/C 111/04 | Prior notification of a concentration (Case M.10611 – GENERALI FRANCE / LA MÉDICALE) – Candidate case for simplified procedure (
  1
  ) | 5 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2022/C 111/03

Prior notification of a concentration (Case M.10637 – CERTAS / ENGIE SOLUTIONS / SSEC JV) – Candidate case for simplified procedure (
  1
  )

1

3

2022/C 111/04

Prior notification of a concentration (Case M.10611 – GENERALI FRANCE / LA MÉDICALE) – Candidate case for simplified procedure (
  1
  )

1

5

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN