alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1


 


ALLONGE TO DEMAND NOTE


 


Allonge to that certain
Demand Note in the principal amount of $25,000.00, dated January 23, 2013, as amended pursuant to that Amendment to Demand Note
dated March 1, 2016 (the “Amendment”) attached hereto as Exhibit 1 and made a part hereof, from Interactive
Motion Technologies, Inc. (now known as Bionik, Inc.), as Maker, to the order of Neville Hogan, as Holder (“Allonge”).


 


Borrower and Lender
agree that, in consideration for the repayment on or about December 31, 2017 by Borrower of all accrued and unpaid interest under
the Demand Note (the “Interest Repayment”), the Demand Note shall be further revised as follows:


 


1.       Section
1 of the Amendment shall be amended to read as follows:


 


“1. Interest Rate. The interest
rate as provided in the Note shall be 12%per annum as of the Interest Repayment.”


 


2.       Section
2 of the Amendment shall be amended to read as follows:


 


“1. Maturity
Date. Notwithstanding the demand feature of the Note, in no event shall the Note be due or payable, and the Lender shall not make
any demand of any principal or accrued and unpaid interest, until June 30, 2018, or earlier in the discretion of the Borrower.”


 


This Allonge is intended
to be attached to and made a permanent part of the Demand Note.


 


Dated this 11th
day of December, 2017.


 





	Maker:	BIONIK, INC.
	 	 	 
	 	By:	/s/ Leslie Markow
	 	Name:	Leslie Markow
	 	Title:	Director
	 	 	 
	Holder:	/s/ Neville Hogan
	 	Neville Hogan
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>
THE FINANCIAL DATE SCHEDULE CONTAINES SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE YORK GROUP, INC. 1999 FIRST QUARTER REPORT ON FORM 10-Q 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-31-1999
<PERIOD-END>                          MAR-31-1999
<CASH>                                      1,126
<SECURITIES>                                    0
<RECEIVABLES>                              35,622
<ALLOWANCES>                                3,919
<INVENTORY>                                37,786
<CURRENT-ASSETS>                           79,165
<PP&E>                                     90,825
<DEPRECIATION>                             29,229
<TOTAL-ASSETS>                            212,667
<CURRENT-LIABILITIES>                      37,061
<BONDS>                                    72,016
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<COMMON>                                       89
<OTHER-SE>                                 87,159
<TOTAL-LIABILITY-AND-EQUITY>              212,667
<SALES>                                    54,575
<TOTAL-REVENUES>                           54,575
<CGS>                                      37,020
<TOTAL-COSTS>                              37,020
<OTHER-EXPENSES>                                0
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                          1,426
<INCOME-PRETAX>                             4,225
<INCOME-TAX>                                1,710
<INCOME-CONTINUING>                         2,515
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                                2,515
<EPS-PRIMARY>                                0.28
<EPS-DILUTED>                                0.28
                                         

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Raul Eduardo GARCIA-PINA, Defendant-Appellant.

No. 17-50340

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2018 *

Filed February 16, 2018

*454Poonam G. Kumar, L. Ashley Aull, Assistant U.S. Attorney, DOJ — Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee

Jonathan P. Schneller, Attorney, FPDCA — Federal Public Defender’s Office (Los Angeles), Los Angeles, CA, for Defendant-Appellant

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. '

*

 The panel unanimously concludes this case is suitable for decision without oral argument.

*454*See*Fed, R. App. P, 34(a)(2).

MEMORANDUM **

Raul Eduardo Garcia-Pina appeals from the district court’s judgment and challenges the 46-month sentence imposed on remand following his guilty-plea conviction for possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia-Pina contends that the district court erred in denying his requested mitigating role reductiqn under U.S.S.G § 3B1.2. Specifically, .Garcia-Pina argues that all five factors set forth in Amendment 794 (“the Amendment”) favor a downward adjustment, *see*U.S.S.G § 3B1.2, cmt. n.3(C), and are not outweighed by the additional aggravating factors relied upon by the district court.

We review the district court’s application of the Guidelines to the facts of Garcia-Pina’s case for abuse of discretion. *See United, States v. Gasca-Ruiz,*852 F.3d 1167, 1170 (9th Cir. 2017) (en banc). The record demonstrates that on remand the court properly considered the factors set forth in the Amendment, as well as “other reasons for granting or denying a minor role reduction,” *United States v. Quintero-Leyva,*823 F.3d 519, 523 (9th Cir. 2016), and acted within its discretion in finding that Garcia-Pina was not “substantially less culpable than the average participant in the criminal activity.” U.S.S.G § 3B1.2 cmt. n.3(A); *see also Quintero-Leyva,*823 F.3d at 523 (once the court has considered all the factors, it may grant or deny a reduction even if some of the factors weigh toward the opposite result). Contrary to Garcia-Pina’s contention, the district court did not make any findings that were “illogical, implausible, or without support in inferences that may be drawn from the facts in the record.” *United States v. Hinkson,*585 F.3d 1247, 1263 (9th Cir. 2009) (en banc).

Garcia-Pina’s motion to take judicial notice and the government’s motion to strike portions of Garcia-Pina’s opening brief are denied. The government’s motions to seal its response to Garcia-Pina’s motion, the answering brief, its excerpts of record and the motions to seal them are granted. Garcia-Pina’s motion to seal the reply brief and the motion to seal itself is granted. The Clerk shall maintain under seal the documents at docket entry numbers 14,15, 18, and 19.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-940

_____________________________

AUSTIN LEVI LITTLE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County.

William E. Davis, Judge.

August 22, 2019

PER CURIAM.

AFFIRMED.

LEWIS, OSTERHAUS, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Lori A. Willner, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Julian Markham, Assistant 

Attorney General, Tallahassee, for Appellee.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 224 Engrossed in House (EH)]

  2d Session

                            H. CON. RES. 224

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Urging international cooperation in recovering children abducted in the 
              United States and taken to other countries.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
H. CON. RES. 224

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas many children in the United States have been abducted by family members 
        who are foreign nationals and living in foreign countries;
Whereas children who have been abducted by an estranged father are very rarely 
        returned, through legal remedies, from countries that only recognize the 
        custody rights of the father;
Whereas there are at least 140 cases that need to be resolved in which children 
        have been abducted by family members and taken to foreign countries;
Whereas, although the Convention on the Civil Aspects of International Child 
        Abduction, done at the Hague on October 25, 1980, has made progress in 
        aiding the return of abducted children, the Convention does not address 
        the criminal aspects of child abduction, and there is a need to reach 
        agreements regarding child abduction with countries that are not parties 
        to the Convention; and
Whereas decisions on awarding custody of children should be made in the 
        children's best interest, and persons who violate laws of the United 
        States by abducting their children should not be rewarded by being 
        granted custody of those children: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress urges international cooperation in working to resolve 
those cases in which children in the United States are abducted by 
family members who are foreign nationals and taken to foreign 
countries, and in seeing that justice is served by holding accountable 
the abductors for violations of criminal law.

            Passed the House of Representatives September 14, 1998.

            Attest:

                                                                 Clerk.
```
Exhibit No. 32.1
Form 10-QSB
Nevstar Corporation
File No. 0-21071


                    Certification Pursuant to 18 U.S.C. 1350,
                       as adopted Pursuant to Section 906
                        of the Sarbanes-Oxley Act of 2002


In connection with the Quarterly Report of Nevstar Corporation (Company) on Form
10-QSB for the period ended  December 31, 2007, as filed with the Securities and
Exchange  Commission on the date hereof  (Report),  I, Timothy P. Halter,  Chief
Executive Officer and Chief Financial Officer of the Company,  certify, pursuant
to  18  U.S.C.  Section  1350,  adopted  as  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 result of operations of
          the Company.


Date: February 11, 2008                                By: /s/ Timothy P. Halter
      -----------------                                    ---------------------
                                                               Timothy P. Halter
                                                     Chief Executive Officer and
                                                         Chief Financial Officer





A signed  original of this  written  statement  required by Section 906 has been
provided to Nevstar  Corporation and will be retained by Nevstar Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
#### Dennis KERR; Terry Kerr, Plaintiffs-Appellants, v. BANK OF AMERICA, N.A.; et al., Defendants-Appellees.

No. 16-16802

United States Court of Appeals, Ninth Circuit.

Submitted January 16, 2018 *

Filed January 25, 2018

Dennis Kerr, Pro Se

Terry Kerr, Pro Se

Darren Brenner, William Habdas, Attorney, Akerman Senterfitt LLP, Las Vegas, NV, Richard Aaron Chastain, Bradley Ar-ant Boult Cummings LLP, Birmingham, *322AL, for Defendant-Appellee Bank of America, N.A.

Matthew'R. Lewis, Esquire, Attorney, Michael D. Mayfield, Attorney, Ray Quin-ney & Nebeker P.C., Salt Lake City, UT, for Defendants-Appellees Zion Bank N.A., Quinney Nebeker PC

Darren Brenner, William Habdas, Jesse Allen Ransom, Attorneys, Akerman Sen-terfitt LLP, Las Vegas, NV, for Defendants-Appellees Nationstar Mortgage, LLC, Seneca Mortgage Servicing, LLC, Akerman LLP Nevada, Akerman LLP Utah

Christian L. Moore, Esquire, Attorney, Lemons, Grundy *&*Eisenberg, Reno, NV, for Defendant-Appellee Poor, Roth; Robinson PC

• Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

' Dennis and Terry Kerr appeal pro se from the district court’s judgment dismissing their action alleging federal and state law claims arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. *Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed the Kerrs’ claim for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) because the Kerrs failed to allege facts sufficient to state a plausible claim. *See Hebbe v. Pliler,*627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed, a plaintiff must allege facts sufficient to state a plausible claim); *Sanford v. MemberWorks, Inc.,*625 F.3d 550, 557 (9th Cir. 2010) (setting forth elements of a civil RICO claim).

We do not consider matters or claims not specifically and distinctly raised and argued in the opening brief. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

We do not consider documents not presented to the district court. *See United States v. Elias,*921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the district court are not part of the record on appeal.”).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
EXHIBIT 11                               TALK VISUAL CORPORATION

COMPUTATION OF WEIGHTED AVERAGE  COMMON STOCK SHARES OUTSTANDING
<TABLE>
<CAPTION>

                                                                            Three Months       Six Months
                                                             Total Number      Ended             Ended
                                                             of Shares      June 30, 2001    June 30, 2001
                                                             ------------   -------------    -------------
<S>                                                            <C>             <C>              <C>
Outstanding shares as of January 1, 2001                       77,235,840      77,235,840       77,235,840
Sale of common shares  01/03/01                                 1,163,273       1,163,273        1,143,992
Sale of common shares  01/17/01                                 3,853,740       3,853,740        3,491,787
Preferred stock exchange on 01/23/01                              848,190         848,190          740,409
Exercise of options on 01/31/01                                 2,000,000       2,000,000        1,657,459
Exercise of options on 02/14/01                                 1,200,000       1,200,000          901,657
Sale of common shares 03/02/01                                  1,986,352       1,986,352        1,316,918
Sale of common shares 03/19/01                                  2,493,898       2,493,898        1,419,180
Exercise of options on 03/19/01                                   324,750         324,750          184,802
Private placement  on 06/07/01                                  2,000,000         505,495          254,144
Private placements on 06/22/01                                  2,482,759         218,265          109,735
Sale of common shares 06/26/01                                  3,703,036         162,771           81,835
                                                               ----------      ----------       ----------

Total Weighted Average Shares Outstanding                      99,291,838      91,992,573       88,537,758
                                                               ==========      ==========       ==========

Net Loss                                                                      $(1,717,194)     $(2,705,327)
                                                                               ==========       ==========

Net Loss per common share (1)                                                 $     (0.02)     $     (0.03)
</TABLE>

(1) The effect of common stock options and warrants is excluded from diluted
earnings per share as its inclusion would be anti-dilutive for the three month
and six month periods ended June 30, 2001.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at                     *https://www.federalreserve.gov/​foia/​request.htm.*                     Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act.                

Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than April 6, 2022.

*A. Federal Reserve Bank of Chicago*                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

                    1.                     *Elizabeth M. Hodgson, Ann Arbor, Michigan;*                     to retain voting shares of Charlevoix First Corporation, and thereby indirectly retain voting shares of Charlevoix State Bank, both of Charlevoix, Michigan.                

Board of Governors of the Federal Reserve System, March 17, 2022.

Michele Taylor Fennell,

Deputy Associate Secretary of the Board.

[FR Doc. 2022-06033 Filed 3-21-22; 8:45 am]

BILLING CODE P
<PAGE>   1

                                  EXHIBIT 11.1
                     COMPUTATION OF WEIGHTED AVERAGE SHARES
                       OUTSTANDING AND EARNINGS PER SHARE
          (in thousands of dollars except share and per share amounts)
                                   (unaudited)

<TABLE>
<CAPTION>
                                      BASIC

                                          SECOND QUARTER                SIX MONTHS
                                    ------------------------      ------------------------
                                       1998          1997           1998           1997
                                    ---------      ---------      ---------      ---------
<S>                                 <C>            <C>            <C>            <C>      
Actual common shares                4,032,882      3,896,937      4,032,882      3,896,937
outstanding

Weighted average common shares         69,103         12,956         54,429         12,892
issued upon exercise of stock
options

Total weighted average shares       4,101,985      3,909,893      4,087,311      3,909,829
outstanding

Net income                         $      427     $      838     $    1,016     $    1,640
                                   ==========     ==========     ==========     ==========

Net income per share               $     0.10     $     0.21     $     0.25     $     0.42
                                   ==========     ==========     ==========     ==========
</TABLE>

<TABLE>
                                     DILUTED

                                         SECOND QUARTER                 SIX MONTHS
                                    ------------------------      ------------------------
                                       1998           1997           1998          1997
                                    ---------      ---------      ---------      ---------
<S>                                 <C>            <C>            <C>            <C>      
Actual common shares                4,032,882      3,896,937      4,032,882      3,896,937
outstanding

Weighted average common shares         69,103         12,956         54,429         12,892
issued upon exercise of stock 
options

Common shares issuable under          204,691         79,831        204,691         79,831
outstanding stock options

Total weighted average shares       4,306,676      3,989,724      4,292,002      3,989,660
outstanding

Net income                         $      427     $      838     $    1,016     $    1,640
                                   ==========     ==========     ==========     ==========

Net income per share               $     0.10     $     0.21     $     0.24     $     0.41
                                   ==========     ==========     ==========     ==========
</TABLE>



                                       19