alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### W. F. PHIFER and wife, and J. H. WILSON *v.*THE CAROLINA CENTRAL RAILROAD COMPANY.

An appeal by a Railroad Company, (the defendant,) from the assessment of damages by Commissioners appointed in pursuance of its charter, brings up the whole ease into the Superior Court, where the parties can have every right relating to such damages, adjudged and determined.

*Therefore*a separate action involving the same rights will be dismissed with costs.

Motion to dissolve an Inj unction, heard by Logan, <■/., at Chambers, in the county of MeoklenbüRG, on the 9th day of July, 1874.

The plaintiffs alleged in their complaint, supported by affi davits, that the defendant by running their road over their land was greatly endamaging them ; that commissioners had been appointed to assess such damages, who did assess the same at $4349.50, from which assessment defendant appealed to the Superior Court, only to gain time; and that the defendant’s property was mortgaged for its full value, and they were likely to lose the amount so assessed. There are other facts stated in the complaint, not pertinent to the points raised in this-■Court. Plaintiffs prayed an injunction, &c., which wa8, granted by Judge Mitchell at Chambers, June 29th, 1874.

Defendant gave notice that a motion to dissolve the injunction would be heard by Judge Logan on a certain day, and-filed an answer substantially denying the material allegations-in the complaint.

Upon the bearing, bis Honor dissolved the injunction, and ' the plaintiffs appealed.

*Wilson do*Son, for appellants.

*Battle da Son,*contra.

Settle, J.

This action must be dismissed.

The appeal taken by the defendant from the assessment of *434damages by the commissioners appointed in pursuance of the charter under which the defendant is acting, brought the whole ■case into the Superior Court, where the plaintiffs can have every right which they seek in this action adjudged and determined.

Public policy forbids the suspension of operations on works of internal improvement during the pendency of litigation to ascertain the damages to which parties may be entitled. But if the allegations of the plaintiffs that the defendant has mortgaged its road for more than it is worth, be true, the defendant should be required to give security that it will pay to the plaintiffs such damages as may be finally assessed against the Company.

This demand is so reasonable, especially since the Company is authorized to mortgage its roaá to the extent of $25,000 per mile, that the refusal to comply with it at once gives ground for the suggestion of the plaintiffs that the defendant is seek, ing to avoid the payment of damages both now and here after.

Let this action be dismissed at the cost of the plaintiffs.

PeR CuRiah. Action dismissed.
<PAGE>   1
                                                                  EXHIBIT 10.T.2

                             AMENDMENT NO. 5 TO THE
                           EL PASO ENERGY CORPORATION
                          EMPLOYEE STOCK PURCHASE PLAN

         Pursuant to authorization by the El Paso Corporation Board of Directors
on January 20, 1999, and pursuant to Section 15 of the El Paso Energy
Corporation Employee Stock Purchase Plan, effective as of January 20, 1999 and
as amended since that date (the "Plan"), the Plan is hereby amended as follows,
effective February 7, 2001:

         WHEREAS, the Certificate of Incorporation of El Paso Energy
Corporation, a Delaware corporation, was amended to change the name of the
corporation to El Paso Corporation effective February 7, 2001.

         NOW THEREFORE, the name of the Plan is hereby changed to the "El Paso
Corporation Employee Stock Purchase Plan" and all references in the Plan to "El
Paso Energy Corporation" or the "Company" shall mean "El Paso Corporation."

         IN WITNESS WHEREOF, the Company has caused this amendment to be duly
executed on this 7th day of February 2001.


                                       EL PASO CORPORATION

                                       By:  /s/ Joel Richards III
                                           ------------------------
                                           Joel Richards III
                                           Executive Vice President
                                           Member of the Management
                                              Committee


Attest:

    /s/ David L. Siddall
------------------------------
    Corporate Secretary
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                      38,632,007
<SECURITIES>                                 4,122,641
<RECEIVABLES>                               17,819,795
<ALLOWANCES>                                 (754,800)
<INVENTORY>                                 17,319,432
<CURRENT-ASSETS>                            78,430,158
<PP&E>                                       4,593,784
<DEPRECIATION>                             (2,184,815)
<TOTAL-ASSETS>                              87,133,228
<CURRENT-LIABILITIES>                       14,311,059
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0   
<COMMON>                                    95,978,776
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                87,133,228
<SALES>                                     71,435,451
<TOTAL-REVENUES>                            71,435,451
<CGS>                                       50,228,909
<TOTAL-COSTS>                               14,773,826
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             153,148
<INCOME-PRETAX>                              6,585,864
<INCOME-TAX>                                 2,551,000
<INCOME-CONTINUING>                          4,034,864
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,034,864
<EPS-PRIMARY>                                     0.37
<EPS-DILUTED>                                     0.37
        

</TABLE>
NRCS CONSERVATION PRACTICE EFFECTS - NETWORK DIAGRAM May 2019

Riparian Forest Buffer (391)

C.2 (+) Quality 

of receiving 

waters (1.6)

1. Improved instream 

habitat through structural 

&/or management activities

2. Improved floodplain &

riparian habitat through 

structural, vegetative &/or 

management activities

C.4 (+) 

Recreational 

opportunities

C.1 (+) Health and 

population of domestic 

animals and wildlife

I.1 (+) 

Habitat use 

by aquatic 

communities

C.3 (+) Biodiversity

D.1 (+) Channel 

structure and 

function 

Initial setting: Streams, and their 

adjoining backwaters, flood plains, 

associated wetlands, and riparian 

areas, where habitat deficiencies limit 

survival, growth, reproduction, and/or 

diversity of aquatic species

I.5 (-) 

Habitat 

use by 

invasive 

plants 

D.2 (+) Habitat 

quality and 

diversity

I.4 (-) Air 

and water 

temperature

I.6 (+) Large 

woody debris

I.10 (+/-) 

Net return 

to 

producer

C.5 (+/-) Income and

income stability 

(individuals and

community)

3. Improved access to 

available habitat

Stream Habitat Improvement and 

Management (395)

D.5 (+/-) Cost of 

installation &

maintenance

D.3 (-) 

Streambank 

erosion 

I.7 (-) Sediment 

and turbidity in 

surface waters

I.8 (-) 

Sedimentation

I.3 (+) Shade

I.2 (+)

Increased 

fish 

survival

Start

Riparian Herbaceous Cover (390)

Fence (382)

Tree & Shrub Establishment (612)

Prescribed Grazing (528)

Aquatic Organism Passage (396)

Restoration & Management of 

Rare or Declining Natural 

Communities (643)

D4. (+) Habitat 

connectivity (2&3)

I.9 (+) 

Upstream & 

downstream 

movement of 

aquatic 

species

Use Exclusion (472)

LEGEND

#. Created by practice

D. Direct effect

I. Indirect effect

C. Cumulative effect

Pathway

Mitigating practice

Associated practice

Note: 

Effects are qualified with a plus 

(+) or minus (-). These symbols 

indicate only an increase (+) or 

a decrease (-) in the effect upon 

the resource, not whether the 

effect is beneficial or adverse.
I 

115TH CONGRESS 

1ST SESSION H. R. 2201 

To amend the Securities Act of 1933 to exempt certain micro-offerings from 

the registration requirements of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2017 

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

on Financial Services 

A BILL 

To amend the Securities Act of 1933 to exempt certain 

micro-offerings from the registration requirements of 

such Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Micro Offering Safe 

5 Harbor Act’’. 

6 SEC. 2. EXEMPTIONS FOR MICRO-OFFERINGS. 

7 (a) IN GENERAL.—Section 4 of the Securities Act of 

8 1933 (15 U.S.C. 77d) is amended— 

9 (1) in subsection (a), by adding at the end the 

10 following: 


lotter on DSK5VPTVN1PROD with BILLS
2 

•HR 2201 IH

1 ‘‘(8) transactions meeting the requirements of 

2 subsection (f).’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(f) CERTAIN MICRO-OFFERINGS.—The transactions 

5 referred to in subsection (a)(8) are transactions involving 

6 the sale of securities by an issuer (including all entities 

7 controlled by or under common control with the issuer) 

8 that meet all of the following requirements: 

9 ‘‘(1) PRE-EXISTING RELATIONSHIP.—Each pur10 chaser has a substantive pre-existing relationship 

11 with an officer of the issuer, a director of the issuer, 

12 or a shareholder holding 10 percent or more of the 

13 shares of the issuer. 

14 ‘‘(2) 35 OR FEWER PURCHASERS.—There are 

15 no more than, or the issuer reasonably believes that 

16 there are no more than, 35 purchasers of securities 

17 from the issuer that are sold in reliance on the ex18 emption provided under subsection (a)(8) during the 

19 12-month period preceding such transaction. 

20 ‘‘(3) SMALL OFFERING AMOUNT.—The aggre21 gate amount of all securities sold by the issuer, in22 cluding any amount sold in reliance on the exemp23 tion provided under subsection (a)(8), during the 12- 

24 month period preceding such transaction, does not 

25 exceed $500,000.’’. 


lotter on DSK5VPTVN1PROD with BILLS
3 

•HR 2201 IH

1 (b) EXEMPTION UNDER STATE REGULATIONS.—Sec2 tion 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 

3 77r(b)(4)) is amended— 

4 (1) in subparagraph (F), by striking ‘‘or’’ at 

5 the end; 

6 (2) in subparagraph (G), by striking the period 

7 and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(H) section 4(a)(8).’’. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS
BRIAN QUINN

Chief Justice

JAMES T. CAMPBELL

Justice

MACKEY K. HANCOCK

Justice

PATRICK A. PIRTLE

Justice

Court of Appeals 

Seventh District of Texas

Potter County Courts Building

501 S. Fillmore, Suite 2-A

Amarillo, Texas 79101-2449

www.7thcoa.courts.state.tx.us

PEGGY CULP

CLERK

MAILING ADDRESS:

P. O. Box 9540

79105-9540

(806) 342-2650

January 10, 2014

Aaron Edward Bell

TDCJ-ID #01861465

Mark W. Michael Unit

2664 FM 2054

Tennessee Colony, TX 75886

RE: Case Number: 07-13-00234-CR, 07-13-00235-CR, 07-13-00236-CR, 

07-13-00237-CR, 07-13-00238-CR, 07-13-00239-CR

Trial Court Case Number: 1288725D, 1288726D, 1288727D, 1288728D, 

1290870D, 1290871D

Style: Aaron Edward Bell v. The State of Texas

Dear Mr. Bell:

On Friday, December 27, 2013, your appellate attorney filed an Anders brief and 

a motion to withdraw from representation on your appeal. See Anders v. California, 386 

U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, (1967). Documents on file indicate that you 

have been provided with a copy of the Anders brief and motion.

You are not required to file a response to the Anders brief. However, you have 

the opportunity to file response to point out to the Court any issues or claims of error 

you believe deserve briefing by a new attorney. The Court will consider your response, 

if any, along with the Anders brief in its review of the record. By order of the Court, you 

have until Monday, February 10, 2014 to file a response, if you want to do so. If you 

plan to file a response and need to review the record, contact your appellate attorney to 

obtain access to a copy of the record.

Very truly yours,

Peggy Culp 

PEGGY CULP, CLERK

xc: David L. Richards (DELIVERED VIA E-MAIL)

Charles M. Mallin (DELIVERED VIA E-MAIL)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the
consolidated financial statements for the nine and three months ended August 31,
1996 and is qualified in its entirety by reference to such statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          NOV-30-1996
<PERIOD-START>                             DEC-01-1995
<PERIOD-END>                               AUG-31-1996
<CASH>                                          26,154
<SECURITIES>                                         0
<RECEIVABLES>                                1,592,976
<ALLOWANCES>                                         0
<INVENTORY>                                    194,996
<CURRENT-ASSETS>                                     0
<PP&E>                                      17,995,800
<DEPRECIATION>                               4,721,256
<TOTAL-ASSETS>                              24,936,025
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                            2,653
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  13,527,350
<TOTAL-LIABILITY-AND-EQUITY>                24,936,025
<SALES>                                      8,276,389
<TOTAL-REVENUES>                             8,276,389
<CGS>                                        4,415,012
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               473,399
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             724,434
<INCOME-PRETAX>                              (337,968)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (337,968)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (337,968)
<EPS-PRIMARY>                                    (.15)
<EPS-DILUTED>                                    (.15)
        

</TABLE>
# C_2004201EN.01001301.xml

| 7.8.2004 | EN | Official Journal of the European Union | C 201/13 |
| --- | --- | --- | --- |

7.8.2004

EN

Official Journal of the European Union

C 201/13

---

Action brought on 14 June 2004 by the Commission of the European Communities against the Hellenic Republic

(Case C-251/04)

(2004/C 201/24)

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 14 June 2004 by the Commission of the European Communities, represented by Georgios Zavvos and Knut Simonsson, of its Legal Service.

The Commission claims that the Court should:

| — | declare that, by allowing only vessels flying the Greek flag to provide towage services on the high seas, the Hellenic Republic has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 3577/92 (1) of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage); |
| --- | --- |

—

declare that, by allowing only vessels flying the Greek flag to provide towage services on the high seas, the Hellenic Republic has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 3577/92 (1) of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage);

1

| — | order the Hellenic Republic to pay the costs. |
| --- | --- |

—

order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Greek legislative provisions in force are contrary to Article 1 of Regulation (EEC) No 3577/92.

---

(1)  
  OJ No L 364, 12.12.1992, p. 7.

1

---
<PAGE>   1
                                                                   EXHIBIT 10.26

                                 REVOLVING NOTE


$15,000,000.00                                                February 24, 1999


         FOR VALUE RECEIVED, the undersigned, STERILE RECOVERIES, INC., a
Florida corporation (the "Borrower"), hereby promises to pay to the order of
FIRST UNION NATIONAL BANK (the "Lender"), at the times, at the place and in the
manner provided in the Credit Agreement hereinafter referred to, the principal
sum of up to Fifteen Million and 00/100 Dollars ($15,000,000.00), or, if less,
the aggregate unpaid principal amount of all Revolving Loans disbursed by the
Lender under the Credit Agreement referred to below, together with interest at
the rates as in effect from time to time with respect to each portion of the
principal amount hereof, determined and payable as provided in the Credit
Agreement.

         This Revolving Note is one of the Revolving Notes referred to in, and
is entitled to the benefits of, the Credit Agreement of dated as of February
__, 1999 (as amended, modified or otherwise supplemented from time to time, the
"Credit Agreement"), by and between the Borrower, the Guarantors party thereto,
the Lender and the other financial institutions party thereto and First Union
National Bank as Agent and the other Credit Documents referenced therein. The
Credit Agreement contains, among other things, provisions for the time, place
and manner of payment of this Revolving Note, the determination of the interest
rate borne by and fees payable in respect of this Revolving Note, acceleration
of the payment of this Revolving Note upon the happening of certain stated
events and the mandatory repayment of this Revolving Note under certain
circumstances.

         The Borrower agrees to pay on demand all costs of collection,
including reasonable attorneys, fees, if any part of this Revolving Note,
principal or interest, is collected after maturity with the aid of an attorney.

         Presentment for payment, notice of dishonor, protest and notice of
protest are hereby waived.

         THIS REVOLVING CREDIT NOTE IS MADE AND DELIVERED IN THE STATE OF
FLORIDA AND SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF
THE STATE OF FLORIDA.


<PAGE>   2



         IN WITNESS WHEREOF, the Borrower has caused this Revolving Note to be
executed under seal by its duly authorized officers as of the day and year
first above written.


                                         STERILE RECOVERIES, INC.



                                         By: /S/ JAMES T. BOOSALES
                                            -----------------------------------
                                         Name:   James T. Boosales
                                              ---------------------------------
                                         Title:  EVP
                                               --------------------------------
CERTIFICATION PURSUANT TO RULE 13a-14(b) OR
                     RULE 15d-14(b) and 18 U.S.C. Sec.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  annual  report of The Berkshire Collection, Inc. (the
"Company")  on  Form  10-KSB  for the year ended December 31, 2004 as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
Sandy  Winick,  Chief  Executive Officer of the Company, certify, pursuant to 18
U.S.C. Sec.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  the Report fairly presents, in all
material  respects,  the  financial  condition  and results of operations of the
Company.

Date:     May  11,  2005                   /s/  Sandy  Winick
                                                -------------
                                                Sandy  Winick,
                                                Chief  Executive  Officer
                                                The  Berkshire Collection,  Inc.

<PAGE>
Exhibit 10.7
 FOURTH AMENDMENT TO AMENDED AND RESTATED
LOAN AND SECURITY AGREEMENT
 THIS FOURTH AMENDMENT TO AMENDED AND RESTATED LOAN AND
SECURITY AGREEMENT (the Amendment) th IMPAX LABORATORIES, INC., a Delaware corporation (Borrower), and
WACHOVIA BANK, NATIONAL ASSOCIATION, a Wells Fargo Company Bank).
 BACKGROUND
 Loan Agreement), inter alia,
   NOW, THEREFORE,
 Termination Date. Termination Date Section 1.1
 Amendment/References. Loan Agreement Loan Documents
 Release.




---



##### 



Additional Documents; Further Assurances.
 Further Agreements and Representations.
    Schedule A
    - 2 -




---



##### 



Fees, Cost, Expenses and Expenditures.
 No Waiver.
 Inconsistencies.
 Binding Effect.
 Governing Law.
 Severability.
 Modifications.
  - 3 -




---



##### 



Headings.
 Counterparts.
 [REMAINDER
OF PAGE INTENTIONALLY LEFT BLANK]
  - 4 -




---



##### 



IN WITNESS WHEREOF,
 IMPAX LABORATORIES, INC.By:
    
    /s/ Arthur A. Koch, Jr.Name/Title:
    
    Arthur A. Koch, Jr. SVP & CFOWACHOVIA BANK, NATIONAL ASSOCIATION, a
WELLS FARGO COMPANYBy:
    
    /s/ Margaret A. ByrneMargaret A. Byrne/Director
  - 5 -
<PAGE>
                                                                    EXHIBIT 32.1


                CERTIFICATION REQUIRED BY 18 U.S.C. SECTION 1350
     (AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, Charles R. Eitel, as Chief Executive Officer of Simmons Bedding Company (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 my knowledge:

            (1) the Annual Report on Form 10-K of the Company for the year ended
      December 27, 2003 (the "Report"), being filed with the U.S. Securities and
      Exchange Commission on the date hereof, 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 operations of
      the Company.

Date: November 8, 2004              /s/ Charles R. Eitel
                                    ---------------------------------
                                    Name: Charles R. Eitel
                                    Title:   Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to Simmons Bedding Company and will be retained by Simmons Bedding
Company and furnished to the Securities and Exchange Commission or its staff
upon request.