alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lefkara Group, LLC, Appellant, v First American International Bank, Respondent.

[57 NYS3d 2]

*451Order, Supreme Court, New York County (Lawrence K. Marks, J.), entered April 28, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Pursuant to the Revolving Credit Master Note under which defendant bank extended to plaintiff a $300,000 line of credit to complete construction of a building plaintiff was developing, available funds could be reduced if the bank deemed the collateral insufficient. At the time the bank delayed or refused to make a disbursement under the line of credit, a problem with the connection to a sewer had been discovered but the scope, extent, or cost of correcting it was unknown. Moreover, the bank submitted evidence, including bank statements, debit slips, and other documentation of every drawdown of the available loan and line of credit, which showed that, at the time, there were not enough funds available for plaintiff to complete construction, and by the time the cost of addressing the sewer issue became clear, the available funds were nearly depleted. In opposition to defendant’s motion, plaintiff only made conclusory assertions that defendant erroneously calculated the remaining funds.

Given the unknown costs involved in unlocking the value of the collateral and given that insufficient funds remained for plaintiff to complete the project, the bank properly exercised its right under the Revolving Credit Master Note in delaying or refusing disbursement of funds while demanding additional collateral. Moreover, because there were insufficient funds available under the loan and line of credit to complete construction, any delay or failure by defendant to make the requested disbursements was not a proximate cause of plaintiff’s damages. Accordingly, the motion court correctly dismissed the breach of contract claim and the duplicative claim for breach of the covenant of good faith and fair dealing *(see Netologic, Inc. v Goldman Sachs Group, Inc.,*110 AD3d 433, 433-434 [1st Dept 2013]).

Concur—Acosta, J.P., Renwick, Mazzarelli, Gische and Gesmer, JJ.

Motion to strike reply brief denied.
#### Electors and Residents of Swatara Tp., In re; Swatara Tp., Com’rs, In re

10/14/2015

336 MAL (2015)

Denied

No. 528 CD 2015
II

103D CONGRESS

1ST SESSION S. 201

To amend Bankruptcy Rule 7004 to require that service of process on

an insured depository institution be made by personal service on an

officer of the institution.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 5), 1993

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend Bankruptcy Rule 7004 to require that service

of process on an insured depository institution be made

by personal service on an officer of the institution.

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

3 SECTION 1. SERVICE OF PROCESS IN BANKRUPTCY PRO4 CEEDINGS ON AN INSURED DEPOSITORY IN5 STITUTION.

6 Rule 7004 of the Bankruptcy Rules is amended—

7 (1) in subsection (b) by striking ‘‘In addition’’

8 and inserting ‘‘Except as provided in subdivision (h),

9 in addition’’; and
2

•S 201 IS

1 (2) by adding at the end the following new sub2 division:

3 ‘‘(h) SERVICE OF PROCESS ON AN INSURED DEPOSI4 TORY INSTITUTION.—Notwithstanding any other provi5 sion of this rule or any other rule or law, service on an

6 insured depository institution (as defined in section 3 of

7 the Federal Deposit Insurance Act (12 U.S.C. 1813))

8 shall be made by personal service on an officer of the insti9 tution.’’.

Æ
# L_2010119EN.01000501.xml

| 13.5.2010 | EN | Official Journal of the European Union | L 119/5 |
| --- | --- | --- | --- |

13.5.2010

EN

Official Journal of the European Union

L 119/5

---

COMMISSION REGULATION (EU) No 415/2010

of 12 May 2010

entering a name in the register of protected designations of origin and protected geographical indications (Tettnanger Hopfen (PGI))

THE EUROPEAN COMMISSION,

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

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 12 May 2010.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ C 222, 15.9.2009, p. 8.

2

---

ANNEX

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

Class 1.8.   Other products of Annex I of the Treaty (spices etc.)

GERMANY

Tettnanger Hopfen (PGI)

---
|                                                                                                      
|------------------------------------------------------------------------------------------------------
|                                                                                                      
|View History:  Monthly  Annual Download Data (XLS File)                                              
|View History:  Monthly  Annual                                                                        
|View History:  Monthly  Annual                                                                        
|View History:                                                                                         
|                                                                                                      
|Price of Cove Point, MD Liquefied Natural Gas Exports to South Korea (Dollars per Thousand Cubic Feet)
|                                                                                                      
|                                                                                                      
|Price of Cove Point, MD Liquefied Natural Gas Exports to South Korea (Dollars per Thousand Cubic Feet)
|                                                                                                      

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        |        |        | --    
|2020's                                                                                                                            | 6.81   | 8.08   | 12.41  |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
Exhibit 31.1



CERTIFICATION





I, Bruce W. Elder, certify that:



1.       I
have reviewed this Amendment No. 1 to the Annual Report on Form 10-K for the year ended December 31, 2016 of First South Bancorp,
Inc.;



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.









|Date: April 28, 2017 |                                      
|-------------------- | -------------------------------------
|                     | /s/ Bruce W. Elder                   
|                     | Bruce W. Elder                       
|                     | President and Chief Executive Officer
|                                                                                             
|---------------------------------------------------------------------------------------------
|                                                                                             
|View History:  Monthly  Annual Download Data (XLS File)                                     
|View History:  Monthly  Annual                                                               
|View History:  Monthly  Annual                                                               
|View History:                                                                                
|                                                                                             
|Price of Buffalo, NY Natural Gas Pipeline Exports to Canada (Dollars per Thousand Cubic Feet)
|                                                                                             
|                                                                                             
|Price of Buffalo, NY Natural Gas Pipeline Exports to Canada (Dollars per Thousand Cubic Feet)
|                                                                                             

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2020's                                                                                                                            |        |        |        | 1.85   |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
Exhibit 23.1 

 

Consent of Ernst & Young LLP, Independent Auditors 

 

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-106110) pertaining to the 2000 Stock Option Plan, 2000 Director Option Planand 2000 Employee Stock Purchase Plan of Synplicity, Inc. of our report dated January 26, 2004, with respect to the consolidated financial statements and schedule of Synplicity, Inc. included in the Annual Report (Form 10-K) for the year endedDecember 31, 2003. 

 

/s/ ERNST& YOUNG LLP 

 

Palo Alto, California 

March 12, 2004
IN THE SUPREME COURT OF THE STATE OF DELAWARE

GALEN D. BROOKS, §

§ No. 520, 2016

Defendant Below, §

Appellant, § Court Below—Superior Court of the

§ State of Delaware 

v. §

§ Cr. ID No. 1206011471

STATE OF DELAWARE, §

§

Plaintiff Below, §

Appellee. §

Submitted: November 22, 2016

Decided: February 14, 2017

Before STRINE, Chief Justice; HOLLAND and SEITZ, Justices.

O R D E R

This 14th day of February 2017 upon consideration of the appellant’s 

opening brief, the appellee’s motion to affirm, and the Superior Court record, it 

appears to the Court that:

(1) In 2013, a Superior Court jury found the appellant, Galen D. Brooks, 

guilty of multiple counts of Tier 5, Tier 4, and Tier 2 Drug Dealing, Drug Dealing 

without a Tier Designation (hereinafter “drug dealing convictions”) and Tier 4 and 

Tier 2 Aggravated Possession and Possession of Cocaine (hereinafter “drug 

possession convictions”). When sentencing Brooks in March 2015, the Superior 

Court merged nine of the drug possession convictions with nine of the drug dealing 
2

convictions and imposed sentence only for the drug dealing convictions, not the 

drug possession convictions.

(2) In September 2016, Brooks filed a motion for correction of illegal 

sentence under Superior Court Criminal Rule 35(a). Brooks claimed that his 

prosecution and conviction for the multiple counts and different levels of drug 

dealing and drug possession violated principles of double jeopardy. On September 

27, 2016, the Superior Court denied the motion for correction of sentence as 

untimely and repetitive and because a reduction of modification of sentence was 

not warranted. This appeal followed.

(3) Having carefully considered the parties’ positions on appeal, we 

affirm the denial of the motion for correction of sentence, albeit on grounds 

different from those relied upon by the Superior Court.1 Brooks’ motion for 

correction of sentence was fundamentally directed to the validity of his 

convictions, not the legality of his sentence. A proceeding under Rule 35(a) 

presupposes a valid conviction.2 The narrow function of Rule 35(a) is to correct an 

illegal sentence, “not to re-examine errors occurring at the trial or other 

proceedings prior to the imposition of sentence.”3 Brooks’ motion for correction 

 

1 Unitrin, Inc. v. American Gen. Corp., 651 A.2d 1361, 1390 (Del. 1995) (noting that this Court 

may affirm a trial court’s judgment for reasons different than those articulated by the trial court).

2

Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 

3

Id. (quoting Hill v. United States, 368 U.S. 424, 430 (1962)). 
3

of sentence was not an appropriate means to argue the alleged double jeopardy 

violations in his underlying convictions.4 

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is 

GRANTED. The judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Leo E. Strine, Jr.

Chief Justice 

 

4

See Del. Super. Ct. Crim. R. 61 (governing procedure for a collateral attack on a criminal 

conviction).
<PAGE>
 
                                                                    EXHIBIT 99.1


                    [HEADLANDS MORTGAGE COMPANY LETTERHEAD]

                                 March 26, 1998


First National Bank of Chicago
One North State Street, 9th Floor
Chicago, IL  60602-0126
Attn: Corporate Trust Administration Department

Capital Markets Assurance Corporation Credit Enhancement
885 Third Avenue
New York, NY  10022-4834
Attn: Managing Director

Standard & Poor's
26 Broadway
New York, NY 10004

Moody's (Residential Monitoring Group)
4th Floor, 99 Church Street
New York, NY  10007

            RE:     Headlands HELOC Notes, Series 1997-1; Annual Compliance
                    -------------------------------------------------------
Certificate
-----------

Ladies and Gentlemen:

      Pursuant to Section 3.09 of the Sale and Servicing Agreement, with respect
to Headlands HELOC Notes, Series 1997-1, the undersigned officer of Headlands
Mortgage Company, in its capacity as Servicer under the Sale and Servicing
Agreement certifies that:

      1. a review of the activities of the Servicer and performance under the
         Sale and Servicing Agreement during the year ended December 31, 1997,
         has been made under the undersigned's supervision; and

      2. To the best of the undersigned's knowledge following reasonable
         inquiry, the Servicer is has fulfilled all of its material obligations
         under the Sale and Servicing Agreement throughout the fiscal year ended
         December 31, 1997, and there has been no default in the fulfillment of
         any such obligation.


                    Very truly yours

                    HEADLANDS MORTGAGE COMPANY
                        as Servicer


                    By:  /s/ Gilbert J. MacQuarrie
                       -----------------------------------------------------
                       Gilbert J. MacQuarrie
                       Vice President, Treasurer, Secretary and Director
GJM:pt

                                       7
|                                                                                             
|---------------------------------------------------------------------------------------------
|                                                                                             
|View History:  Monthly  Annual Download Data (XLS File)                                     
|View History:  Monthly  Annual                                                               
|View History:  Monthly  Annual                                                               
|View History:                                                                                
|                                                                                             
|Price of Liquefied U.S. Natural Gas Exports to South Korea  (Dollars per Thousand Cubic Feet)
|                                                                                             
|                                                                                             
|Price of Liquefied U.S. Natural Gas Exports to South Korea  (Dollars per Thousand Cubic Feet)
|                                                                                             

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        | --     | --     | 6.30  
|2010's                                                                                                                            | 7.54   | 9.98   | --     | --     | --     | --     | 5.75   | 4.18   | 4.56   | 4.76  
|2020's                                                                                                                            | 5.66   | 7.46   | 12.45  | 7.21   |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
# L_2011294EN.01000301.xml

| 12.11.2011 | EN | Official Journal of the European Union | L 294/3 |
| --- | --- | --- | --- |

12.11.2011

EN

Official Journal of the European Union

L 294/3

---

COUNCIL DECISION

of 8 November 2011

on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services

(2011/732/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with point (a) of Article 218(6) and the first subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

| (1) | In its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level. |
| --- | --- |

(1)

In its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

| (2) | On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services with the Republic of Cape Verde (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003. |
| --- | --- |

(2)

On behalf of the Union, the Commission has negotiated an Agreement on certain aspects of air services with the Republic of Cape Verde (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

| (3) | The Agreement was signed on behalf of the Union on 23 March 2011 subject to its possible conclusion at a later date, in conformity with Council Decision 2011/228/EU (1). |
| --- | --- |

(3)

The Agreement was signed on behalf of the Union on 23 March 2011 subject to its possible conclusion at a later date, in conformity with Council Decision 2011/228/EU (1).

| (4) | The Agreement should be approved, |
| --- | --- |

(4)

The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services (the Agreement) is hereby approved on behalf of the Union (2).

Article 2

The President of the Council is authorised to designate the person empowered to make the notification provided in Article 8(1) of the Agreement.

Article 3

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

Done at Brussels, 8 November 2011.

For the Council

The President

J. VINCENT-ROSTOWSKI

---

(1)  
  OJ L 96, 9.4.2011, p. 1.

1

(2)  The Agreement has been published in OJ L 96, 9.4.2011, p. 2 together with the Decision on the signing.

2

---