alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.6


 


AMENDMENT NO. 2 TO REGISTRATION RIGHTS AGREEMENT


 


February 22, 2022


 


B. Riley Securities, Inc.


299 Park Avenue


New York, NY 10171


 


Re: Amendment No. 2 to Registration Rights Agreement
dated July 30, 2021


 


Ladies and Gentlemen:


 


This Amendment No. 2 to Registration Rights Agreement
(this “Amendment”), having been approved by the Requisite Holders, amends that certain Registration Rights Agreement
dated July 30, 2021, as amended by Amendment to Registration Rights Agreement dated December 13, 2021 (the “Registration Rights
Agreement”) between Applied Blockchain, Inc. and B. Riley Securities, Inc. Capitalized terms used but not otherwise defined
herein have the meaning set forth in the Registration Rights Agreement.


 


The third to final paragraph of Annex C is hereby
revised to replace “February 15, 2022” with “April 12, 2022” and state in its entirety with the following:


 


“It is understood that, if (i) either the
Representative, on behalf of the Underwriters, on the one hand, or the Company, on the other hand, advising the other in writing prior
to the execution of the Underwriting Agreement that they have determined not to proceed with the Offering, (ii) the Underwriting Agreement
does not become effective on or before April 12, 2022, (iii) the Underwriting Agreement (other than the provisions thereof that survive
termination) is terminated prior to payment for and delivery of the Shares, or (iv) the Registration Statement is withdrawn, the obligations
under this letter agreement shall automatically terminate.”


 


Except as modified by this Amendment, the Registration
Rights Agreement remains unmodified and in full force and effect.


 


This Amendment may be signed by the parties in
counterparts, which together shall constitute one and the same agreement among the parties.


 


[Signature page follows]


 






     


     


    

 


	 	Very truly yours,
	 	 
	 	APPLIED BLOCKCHAIN, INC.
	 	 
	 	By:	/s/ Wes Cummins
	 	 	Name: Wes Cummins
	 	 	Title: Chief Executive Officer, President and Secretary




 


	Accepted and agreed to as	 
	of the date first above written:	 
	 	 
	B. Riley Securities, Inc.	 
	 	 
	By:	/s/ Jimmy Baker	 
	 	Name: Jimmy Baker	 
	 	Title: President, Head of Capital Markets	 




 


[Signature Page to Amendment No. 2 to Series D Registration Rights Agreement]
| (1)    | the                Annual Report on Form 10-KSB/A of Southridge Environmental Inc. for                the                year ended August 31, 2007 (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 Southridge                Environmental Inc.                                                                                                         |

|                                    |                                                             |
|-----------------------------------------|------------------------------------------------------------------|
|                                    |                                                             |
| Dated:                September 3, 2008 | */s/                Alex Smid*                                   |
|                                    | Alex                Smid                                         |
|                                    | President                and Director                            |
|                                    | (Principal                Executive Officer, Principal Financial |
|                                    | Officer                and Principal Accounting Officer)         |
|                                    | Southridge                Environmental Inc.                     |
#### Alan HAHN, Petitioner-Appellant, v. Thomas BIRKETT, RespondentAppellee.

No. 03-1095.

United States Court of Appeals, Sixth Circuit.

May 18, 2004.

*628Gary T. McEntee, Attorney at Law, Lansing, MI, for Petitioner-Appellant. .

Janet A. Van Cleve, Office of the Attorney General, Lansing, MI, for Respondent-Appellee.

Before: COLE and COOK, Circuit Judges; and SPIEGEL, District Judge.*

*

The Honorable S. Arthur Spiegel, United States District Judge for the Southern District of Ohio, sitting by designation.

OPINION

PER CURIAM.

Petitioner-Appellant Alan Hahn was convicted by a jury of second-degree criminal sexual conduct, in violation of Michigan state law, M.C.L. § 750.520(c)(1), in connection with the sexual assault of a ten-year-old boy. Hahn was sentenced to eight to fifteen years’ imprisonment. On June 15, 2001. Hahn filed a petition for a writ of habeas corpus, alleging several defects in his trial. The district court denied the petition but granted a certificate of appealability with respect to several issues: (1) Hahn’s prosecutorial misconduct claim; (2) ineffective assistance of trial and appellate counsel claims; and (3) a claim based on cumulative error as a result of prosecutorial misconduct and ineffective assistance of trial counsel.

Having studied the record on appeal and the briefs of the parties, we conclude that the judgment of the district court should be AFFIRMED. Even assuming that Hahn had not defaulted on his prosecutorial and ineffective assistance of trial and appellate counsel claims in the state courts, we find that the substance of those claims is without merit.
# Official Journal L 236/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 236 |
| | |
| English edition | Legislation | Volume 6014 September 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 236

English edition

Legislation

Volume 6014 September 2017

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer | 1 |
| | | Amendment to the Montreal Protocol on substances that deplete the ozone layer | 3 |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2017/1542 of 8 June 2017 amending Delegated Regulation (EU) 2015/35 concerning the calculation of regulatory capital requirements for certain categories of assets held by insurance and reinsurance undertakings (infrastructure corporates) (
  1
  ) | 14 |
| | | DECISIONS |
| | * | Decision (EU, Euratom) 2017/1543 of the Representatives of the Governments of the Member States of 6 September 2017 appointing a Judge to the General Court | 22 |
| | | RECOMMENDATIONS |
| | * | Recommendation No 1/2017 of the EU-Egypt Association Council of 25 July 2017 agreeing on the EU-Egypt Partnership Priorities [2017/1544] | 23 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer

1

Amendment to the Montreal Protocol on substances that deplete the ozone layer

3

REGULATIONS

*

Commission Delegated Regulation (EU) 2017/1542 of 8 June 2017 amending Delegated Regulation (EU) 2015/35 concerning the calculation of regulatory capital requirements for certain categories of assets held by insurance and reinsurance undertakings (infrastructure corporates) (
  1
  )

1

14

DECISIONS

*

Decision (EU, Euratom) 2017/1543 of the Representatives of the Governments of the Member States of 6 September 2017 appointing a Judge to the General Court

22

RECOMMENDATIONS

*

Recommendation No 1/2017 of the EU-Egypt Association Council of 25 July 2017 agreeing on the EU-Egypt Partnership Priorities [2017/1544]

23

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

---

(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

AK/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

ULISSES MONTES-GUTIERREZ,

 Defendant - Appellant.

No. 08-50511

D.C. No. 2:08-cr-01109-RGK

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Submitted February 16, 2010** 

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges. 

Ulisses Montes-Gutierrez appeals from the 46-month sentence imposed

following his guilty-plea conviction for being an illegal alien found in the United

States following deportation, in violation of 8 U.S.C. § 1326(a). We have

FILED

MAR 02 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
AK/Research 2 08-50511

jurisdiction pursuant to 28 U.S.C. § 1291. We affirm, but remand to correct the

judgment.

Montes-Gutierrez contends that the district court violated Fed. R. Crim. P.

32 by (1) denying him his right of allocution; and (2) failing to verify whether he

had read and reviewed the presentence investigation report with his attorney. The

record indicates that any error was harmless because the district court imposed the

sentence to which the parties stipulated in Montes-Gutierrez’s Fed. R. Crim. P.

11(c)(1)(C) plea agreement. See United States v. Ortega-Lopez, 988 F.2d 70, 72-

73 (1993); see also United States v. Soltero, 510 F.3d 858, 863 (9th Cir. 2007) (per

curiam).

In accordance with United States v. Rivera-Sanchez, 222 F.3d 1057, 1062

(9th Cir. 2000), we remand the case to the district court with instructions that it

delete from the judgment the incorrect reference to § 1326(b). See United States v.

Herrera-Blanco, 232 F.3d 715, 719 (9th Cir. 2000) (remanding sua sponte to

delete the reference to § 1326(b)).

AFFIRMED; REMANDED to correct the judgment.
**Exhibit
      32.2**





**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 on Form 10-Q of Xcorporeal, Inc. (the
      “Company”) for the quarter ended September 30, 2008, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Robert
      Weinstein, Chief Financial Officer of the Company, certify, pursuant to 18
      U.S.C. § 1350, as adopted pursuant to § 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 (15 U.S.C. 78m(a) or 78o(d)); and





(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





/s/
                Robert Weinstein
            
            Date:
                November 19, 2008Robert
                Weinstein
              Chief
                Financial Officer
              (*Principal
                Financial Officer*)
# Official Journal L 193/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 193 |
| | |
| English edition | Legislation | Volume 6130 July 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 193

English edition

Legislation

Volume 6130 July 2018

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
**AMENDMENT TO**

**EMPLOYMENT AGREEMENT**

 

This Amendment, effective December 21, 2004 (the “Amendment”) to the Employment Agreement among KMG America Corporation, Kanawha Insurance Company and Paul F. Kraemer, dated December 21, 2004 (the “Employment Agreement”) is entered into by and among KMG America Corporation (the “Parent”), Kanawha Insurance Company (the “Company”) and Paul F. Kraemer (the “Executive”).  Terms used in this Amendment that are not otherwise defined shall have the same meaning given to them in the Employment Agreement.

 

**Recitals:**

 

WHEREAS, the Parent, the Company and the Executive desire to amend the Employment Agreement to correctly reflect that the Executive is not entitled to be paid cash in lieu of unused vacation time.

 

NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged by the parties hereto, the parties agree as follows:

 

1.            Unused Vacation Time.  Section 5(e)(i) of the Employment Agreement is replaced in its entirety with the following new Section 5(e)(i):

 
|   | “(i) | Vacation.  The Executive shall be entitled to five (5) weeks of paid |
|--------|-----------|----------------------------------------------------------------------|

vacation per full calendar year.  The Executive shall not be entitled to carry over any unused vacation time from year to year.”

 

2.            Employment Agreement.  All terms and conditions in the Employment Agreement that do not conflict with this Amendment shall remain in effect and are enforceable among the parties hereto.

 

3.            Governing Law.  The validity, interpretation, construction and performance of this Amendment shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflicts of law principles.

 

4.            Counterparts.  This Amendment may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

 

5.            Entire Agreement.  This Amendment sets forth the entire agreement of the parties hereto in respect of the subject matter contained herein and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, employee or representative of any party hereto, and any prior agreement of the parties hereto in respect of the subject matter contained herein.

 

 

1

 

----
Duong T. HO, Petitioner, v. JUDICIAL QUALIFICATIONS COMMISSION, et al., Respondents.

No. 1D17-4556

District Court of Appeal of Florida, First District.

January 11, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2042

RIFAQAT ALI, Petitioner,

v. ERIC H. HOLDER, JR., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: May 7, 2009 Decided: June 4, 2009

Before TRAXLER, KING, and GREGORY, Circuit Judges.

Petition denied in part and dismissed in part by unpublished per curiam opinion.

Joseph Peter Drennan, Alexandria, Virginia; Paul Shearman Allen, PAUL SHEARMAN ALLEN & ASSOCIATES, Washington, D.C., for Petitioner. Michael F. Hertz, Acting Assistant Attorney General, Daniel E. Goldman, Senior Litigation Counsel, Paul T. Cygnarowicz, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Rifaqat Ali, a native and citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals (“Board”) denying his motion to reopen. We have

reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion as untimely. See 8 C.F.R. § 1003.2(c)(2) (2008). We therefore deny the petition for review in part for the reasons stated by

the Board. See In re: Ali (B.I.A. Sep. 23, 2008). We lack jurisdiction over Ali’s challenge to the Board’s refusal to exercise its sua sponte authority to reopen and therefore dismiss this portion of the petition for review. See Mosere v. Mukasey , 552 F.3d 397, 400-01 (4th Cir. 2009). Accordingly, we deny in part and dismiss in part the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED IN PART AND DISMISSED IN PART
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Laurence Stephenson, certify that:

1.   I have reviewed this quarterly report on Form 10-KSB of Armitage Mining
     Corp.;

2.   Based on my knowledge, this quarterly 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 quarterly report;

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

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
27th day of October, 2005.


/s/  Laurence Stephenson
-------------------------------
Chief Executive Officer
N.F., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-1867

District Court of Appeal of Florida, Third District.

Opinion filed February 7, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 23.1
 Consent of Independent Registered Public Accounting Firm
  (1)
    
    Registration Statement (Form S-8 No. 333-124721) pertaining to the BlueLinx Holdings Inc.
Equity Incentive Plan,(2)
    
    Registration Statement (Form S-8 No. 333-134612) pertaining to the BlueLinx Holdings Inc.
2006 Long-Term Equity Incentive Plan, and(3)
    
    Registration Statement (Form S-8 No. 333-151529) pertaining to the BlueLinx Holdings Inc.
2006 Long-Term Equity Incentive Plan;
  /s/  Ernst & Young LLP
Order entered January 2, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01506-CV

DALLAS COUNTY HOSPITAL DISTRICT D/B/A 

PARKLAND HEALTH & HOSPITAL SYSTEM, Appellant

V.

JAMES RODGERS, IV INDIVIDUALLY, ET AL., Appellees

On Appeal from the 193rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-01728

ORDER

We GRANT appellant’s December 30, 2014 unopposed motion for an extension of time 

to file a brief. Appellant shall file a brief by February 16, 2015. We caution appellant that no 

further extension of time will be granted in this accelerated appeal absent extraordinary 

circumstances.

/s/ ELIZABETH LANG-MIERS 

JUSTICE