alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion filed July 28, 2011

In The

Eleventh Court of Appeals 

__________

No. 11-11-00036-CR

__________

ANDREI LADON CHRISTIAN, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 104th District Court

Taylor County, Texas

Trial Court Cause No. 17474B

M E M O R A N D U M O P I N I O N

Andrei Ladon Christian entered an open plea of guilty to the offense of aggravated 

robbery, and the trial court assessed his punishment at confinement for twenty-five years. We 

affirm. 

In his sole issue on appeal, appellant argues that the trial court abused its discretion in 

overruling his motion for new trial. Appellant asserted in his motion for new trial that he was 

surprised by the State’s failure to call the victims to testify at the punishment stage, which 
2

impacted appellant’s sentence because appellant was unable to cross-examine the victims and 

make the court aware of their character, reputation, and criminal history. 

An appellate court reviews a trial court’s denial of a motion for new trial for an abuse of 

discretion. Holden v. State, 201 S.W.3d 761, 763 (Tex. Crim. App. 2006). The appellate court 

may not substitute its judgment for that of the trial court but, rather, must decide whether the trial 

court’s decision was arbitrary or unreasonable. Id. A trial court abuses its discretion in denying 

a motion for new trial only when no reasonable view of the record could support the trial court’s 

ruling. Id. 

Nothing in the record from the punishment hearing or the hearing on the motion for new 

trial in this case shows that the victims were available to testify at the punishment hearing or that 

the victims had been subpoenaed to testify. Furthermore, appellant has not shown what the 

victims’ testimony would have been or how the character, reputation, or criminal history of the 

victims would have been helpful to appellant or relevant to his punishment. We hold that the 

trial court did not abuse its discretion in denying appellant’s motion for new trial. See 

Melancon v. State, 66 S.W.3d 375, 379 (Tex. App.—Houston [14th Dist.] 2001, pet. ref’d). 

Appellant’s issue is overruled. 

The judgment of the trial court is affirmed. 

PER CURIAM

July 28, 2011

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Hill, J.1

 

1

John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.
I 

109TH CONGRESS 

2D SESSION H. R. 5516 

To allow for the renegotiation of the payment schedule of contracts between 

the Secretary of the Interior and the Redwood Valley County Water 

District, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2006 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on Resources 

A BILL 

To allow for the renegotiation of the payment schedule of 

contracts between the Secretary of the Interior and the 

Redwood Valley County Water District, 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. RENEGOTIATION OF PAYMENT SCHEDULE. 

4 Section 15 of Public Law 100–516 (102 Stat. 2573) 

5 is amended as follows: 

6 (1) By amending paragraph (2) of subsection 

7 (a) to read as follows: 


bajohnson on PROD1PC69 with BILLS
2 

•HR 5516 IH

1 ‘‘(2) If, as of January 1, 2006, the Secretary 

2 of the Interior and the Redwood Valley County 

3 Water District have not renegotiated the schedule of 

4 payment, the District may enter into such additional 

5 non-Federal obligations as are necessary to finance 

6 procurement of dedicated water rights and improve7 ments necessary to store and convey those rights to 

8 provide for the District’s water needs. The renegoti9 ated schedule of payments shall commence when 

10 such additional obligations have been financially sat11 isfied by the District. The date of the initial pay12 ment owed by the District to the United States shall 

13 be regarded as the start of the District’s repayment 

14 period and the time upon which any interest shall 

15 first be computed and assessed under section 5 of 

16 the Small Reclamation Projects Act of 1956 (43 

17 U.S.C. 422a et seq.).’’. 

18 (2) By striking subsection (c). 

Æ 


bajohnson on PROD1PC69 with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 10-QSB
FOR THE PERIOD ENDED JUNE 30, 1997 FOR USA INTERNATIONAL CHEMICAL, INC. AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           5,524
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 5,524
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   5,524
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            13
<OTHER-SE>                                       5,511
<TOTAL-LIABILITY-AND-EQUITY>                     5,524
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (37,893)
<INCOME-TAX>                                       755
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (38,648)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                    (.03)
        

</TABLE>
exv10w22






Exhibit 10.22




AMENDMENT TO THE EMPLOYMENT AGREEMENT

BETWEEN HARLAND CLARKE HOLDINGS CORP.

AND DANIEL SINGLETON




     WHEREAS, Harland Clarke Holdings Corp., a Delaware corporation (the ‘‘Company’’), and Daniel
Singleton (the ‘‘Executive’’) entered into an employment agreement (as amended, the “Employment
Agreement”) dated as of February 7, 2008;



     WHEREAS, the Company and the Executive wish to modify the term of employment set forth in the
Employment Agreement;



     NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Company and the Executive hereby agree to amend the Employment Agreement,
effective as of February 2, 2010, as set forth below:




	 	1.	 	Section 2.1 is hereby modified by deleting the date of December 31, 2010 and
inserting in its place the date December 31, 2013.
	 
	 	2.	 	All other terms and conditions of the Employment Agreement shall otherwise
remain in place, except as expressly amended herein.





     IN WITNESS WHEREOF, the parties have executed this Amendment to the Employment Agreement
effective as of February 2, 2010.



	 	 	 	 	 
	 	HARLAND CLARKE HOLDINGS CORP.

 	 
	 	By:  	/s/ Charles Dawson
 	 
	 	 	Name:  	Charles Dawson 	 
	 	 	Title:  	President & CEO 	 
	 
	 	 	 
	 	 	/s/ Daniel Singleton
 	 
	 	 	Daniel Singleton 	 
	 	 	 
	 




Page 1 of 1
EXHIBIT 31.1


                        CERTIFICATION PURSUANT TO
             18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
              SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002


I, Yin Sen Wong, certify that:

1.  I have reviewed this quarterly report on Form 10-QSB of Weston
Technologies Corp.;

2.  Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period
covered by this report;

3.  Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations, and cash flows
of the registrant as of, and for, the periods presented in this report;

4.  The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and have:

   a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision,
to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is
being prepared;

   b) Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of
the end of the period covered by this report based on such evaluation;
and

   c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's
most recent fiscal quarter that has materially affected, or is
reasonably likely to materially affect, the registrant's internal
control over financial reporting.

5.  The registrant's other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting,
to the registrant's auditors and the audit committee of the registrant's
board of directors (or persons performing the equivalent functions):

   a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrant's ability to record,
process, summarize, and report financial information; and

   b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
control over financial reporting.


Date: May 25, 2004

/s/ Yi Sen Wong
-------------------------------------
Yin Sen Wong, Chief Executive Officer
Exhibit 10.25






Exhibit 10.25




AMENDMENT TO THE COMMERCIAL LEASE AGREEMENT




By this instrument, on one side MercadoLivre.com Atividades de Internet Ltda with its principal
place of business at Rua Gomes de Carvalho 1.306, 7o andar, CEP: 04547-005 in the city of São
Paulo, SP, enrolled in the General Taxpayers’ Register under CNPJ No 03.361.252/0001-34
(hereinafter referred to as “LESSEE”), and on the other side CNA Spitaletti Construtora e
Incorporadora Ltda., with its principal place of business at Av. Dr. Yojiro Takaoka 4384, Loja 13,
piso superior, Santana de Parnaíba, São Paulo enrolled in the General Taxpayers’ Register under
CNPJ No 61.598.983/001-02, (hereinafter referred to as “LESSOR”).




Whereas, the Parties have entered into a Property Lease Agreement on April 01, 2008 for the lease
of units 902 to 909;




Whereas the Parties intend do amend this Lease Agreement so as to modify certain conditions,
especially those related to sublease;




The Parties hereto by mutual agreement resolve to enter into his Instrument of Amendment
(“Amendment”) with the purpose of amending the Lease Agreement that shall be governed by the
following terms and conditions:




Clause One: This amendment is intended to change Clause VI.3 of the agreement so as to permit
LESSEE to assign, transfer or sublease the premises, in whole or in part, to any company pertaining
to its economic group, upon prior consent of LESSOR. Such Clause shall be effective with the
following wording:





“VI. PURPOSE AND USE OF PREMISES




(...)




“VI.3 — LESSEE shall not assign, transfer or sublease the premises, in whole or in part, for
value or under free lease, without LESSOR’s written prior consent. Regardless of that provided
in the preceding sentence, LESSOR shall not refuse to give its consent in the event of a
sublease to companies that are provenly part of the LESSEE’s economic group and LESSOR hereby
authorizes subleasing to the companies Ibazar.com Atividades de Internet Ltda, Ebazar.com.br
Ltda and MercadoPago.com Representações Ltda. In such events LESSEE shall be fully liable for
the payment of sublease rent”.



FINAL PROVISIONS




This amendment enters into force on the date of its execution and any other terms and conditions
that have not been amended by the present instrument shall remain unaltered and effective.




In witness whereof, the parties have executed this Amendment in two (02) counterparts of equal
content in the presence of the two (02) undersigned witnesses.




Sao Paulo, October 30, 2009



 


 









 








[signed]

MercadoLivre Atividades de Internet Ltda

Name: Stelleo Passos Tolda

Title: President Director




[signed]

CNA Spitaletti Construtora e Incorporadora Ltda

Name: [illegible] Spillateli

Title: Director




Witnesses

1. [signed]

Name: Eliana [illegible] da Silva

RG: 30735718-9




2. [signed]

Name: [illegible]

RG: 30.243.952-3
K

ToddC . Emerson, #817 5 44 4 Sout hRive r Road St . George , Utah , 8479 0 Telephone : (435)634-353 0 Facsimile : (435)634-350 5 Email : temt.'rson@skywest.co m

- an d- Michae l L . Dworki n #6404 7 46 5 Californi aStreet , Suite 21 0 Sa n Francisco , Californi a9410 4 Telephone : (415 ) 421-0250 0 Facsimile : (415)421-256 0 Email : la\v(gavialex.co m Attorney s fo

r SkyWes t Airlines , Inc . •";::mR]MENTO F •;i^MSPORTATIO N • OGKE TOPERATION S V OC T 1 1 m n eLc n

UNITE D STATE S O FAMERIC A DEPARTMEN T O FTRANSPORTATIO N OFFIC E O FHEARING S WASHINGTON , D.C . 

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of : SkyWes i Airlines , Inc . FAACaseNos . 2011NM06003 3 SKYWES T AIRLINES , INC.' S ASSOCIATIO N O FCOUNSE L Judge : RichardC . Goodwi n

PLEAS E B E ADVISE D tha t SkyWes t Airlines , Inc . an dToddC . Emerson , Esq . ar e engagin g thi s offic e a s Co-Counse l i n th e abov e reference dmatter ..;«r

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Airlines , Inc. , pleas e cop y thi s offic e o n al l document s and pleading s Hie

di n thes e matters . MICHAE LL . DWORKI N AND ASSOCIATE S

Co-Counse i fo

r SkyWes t Airlines , Inc .y / ^ /

CERTIFICAT E O FSERVIC E

Th e undersigne dhereb y certifie s tha t o n thi s J!; ^ da

y correc t cop y o f the foregoing : 

## o f 04^^ , 2011 , atru e an d

SKYWES T AIRLINE S INC/ S ASSOCIATIO N O FCOUNSE L(2011NM060033 )

wa s serve da s follows : Th e Honorabl e RichardC . Goodwi n Offic e o f Hearings , M-2 0 120 0 Ne w Jerse y Avenue . S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D.C . 2059 0 Fax:(202)366-753 6 {Facsimile } Federal Aviatio n Administratio n 80 0 Independenc e Avenu e S W Washington , D C 2059 1 Attn : Hearin g Docket

Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W100 0 Fax : (202)49 3 -514 2 {Facsimile } Jeffrey M . Harper Federa l Aviatio n Administratio n Northwes t

Mountai n Region , ANM- 7 160 1 LindAvenu e S.W . Renton , Washingto n 9805 7 Fax:(425)227-100 7

{Facsimile } Ms . Moifair

Chi n Federa l Aviatio n Administratio n Northwes t

Mountai n Region , ANM- 7 160 1 LindAvenu e S.W . Renton , Washingto n 9805 7 Email : moifair.ehin@faa.go v

{email }

Jolen e Brow n
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 Quarterly Report of Dahua, Inc. (the "Company") on Form
10-QSB/A for the period ending March 31, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Younglin Du, CEO
and President of 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:

  (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/ Yonglin Du
------------------------------
Younglin Du, CEO and President

August 8, 2006
dex4i.htm






October 29, 2009

 

JPMorgan Chase Bank, N.A.,

as Administrative Agent

Mid-Corporate Power & Utilities

10 South Dearborn, 9th Floor

Mail Code: IL1-0090

Chicago, IL 60603

Attention: Helen D. Davis





Re:           Modification of Scheduled Maturity Date





Ladies/Gentlemen:





Please refer to the Credit Agreement dated as of May 31, 2007 (the “Credit Agreement”) among Northwest Natural Gas Company, various financial institutions and JPMorgan Chase Bank, N.A., as Administrative Agent.  Capitalized
terms used but not defined herein have the meanings set forth in the Credit Agreement.





Pursuant to Section 2.14 of the Credit Agreement, all Lenders except Wachovia Bank, National Association (“Wachovia”) previously extended the scheduled Maturity Date to May 31, 2013.





The parties hereto agree that, effective on the date that the Administrative Agent has received counterparts hereof signed by Wachovia, the Borrower and the Required Lenders, Wachovia’s scheduled Maturity Date shall be extended to May 31, 2013 so that Wachovia has the same Maturity Dates
as all other Lenders.





This letter may be signed by the parties hereto on separate counterparts. Delivery to the Administrative Agent of a counterpart hereof, or a signature page hereto, by facsimile or e-mail (in a .pdf or similar file) shall be effective as delivery of an original, manually-signed counterpart.





Please evidence your agreement to the foregoing by signing a counterpart hereof.





Very truly yours,





NORTHWEST NATURAL GAS COMPANY













________________________________________­­­­­­________





                                                      By:            
________________________________________­­­­­­________


 

                                                      Title:      
________________________________________­­­­­­________


 





Acknowledged and agreed:







 



 







 



JPMORGAN CHASE BANK, N.A.





 

By:   





 

Title:       









BANK OF AMERICA, N.A.





 

By:

 





Title:









U.S. BANK NATIONAL ASSOCIATION





 


By:

 





Title:












WACHOVIA BANK, NATIONAL ASSOCIATION





 


By:

 





Title:












WELLS FARGO BANK, N.A.





 


By:

 





Title:












BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO MERRILL LYNCH BANK USA





 


By:

 





Title:












UBS LOAN FINANCE LLC





 


By:

 





Title:








 





Acknowledged and Accepted:





JPMORGAN CHASE BANK, N.A.,

as Administrative Agent





 


By:

 





Title:
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 Quarterly Report of Tornado Gold International Corp. (the
"Company") on Form 10-QSB for the quarter ending March 31, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Earl W. Abbott, President and Chief Executive Officer of the Company, and I,
George Drazenovic, Chief Financial Officer of the Company, each hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

(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.


May 15, 2006                           By: /s/ EARL W. ABBOTT
                                           -------------------------------------
                                           Earl W. Abbott
                                           President and Chief Executive Officer
                                           (Principal Executive Officer)


May 15, 2006                           By: /s/ GEORGE DRAZENOVIC
                                           -------------------------------------
                                           George Drazenovic
                                           Chief Financial Officer
                                           (Principal Financial Officer)