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



Re:
    
    Amendment No. 1 to Standby Credit Facility Agreement, dated August 24, 2004 (the Credit
Agreement), by and between Trinsic, Inc. (f/k/a Z-Tel Technologies, Inc.) (the Company)
and The 1818 Fund III, L.P. (the Fund).
  Exhibit
A Amended and Restated Note
 Amendment and Restatement of the definition of Maximum Loan Amount
 Delivery of the Amended and Restated Note
 Certifications of the Company
 Section (a) Schedule 1




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##### 



2 provided
 Section (b) Schedule 1
  Reference to and Effect on the Credit Agreement and the Transaction Documents; Limited
Effect
 GOVERNING LAW
 Waiver; Amendment
 Severability




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##### 



3  Counterparts
 Headings
 Signatures follow beginning on the next page




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##### 



Very Truly Yours,THE 1818 FUND III, L.P.By:
    
    Brown Brothers Harriman &
Co.,
 as its General PartnerBy:Name: Lawrence C. TuckerTitle: PartnerAGREED AND ACCEPTED

as of the date first above written:TRINSIC, INC.By:Name:Title:ACKNOWLEDGED AND AGREED

as of the date first above written:TRINSIC COMMUNICATIONS, INC.By:Name:Title:Z-TEL NETWORK SERVICES, INC.By:Name:Title:




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##### 



5 Z-TEL BUSINESS NETWORKS, INC.By:Name:Title:Z-TEL, INC.By:Name:Title:TRINSIC COMMUNICATIONS OF VIRGINA, INC.By:Name:Title:TOUCH 1 COMMUNICATIONS, INC.By:Name:Title:Z-TEL INVESTMENTS, INC.By:Name:Title:DIRECTEL, INC.By:Name:Title:




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##### 



6 DIRECTCONNECT, INC.By:Name:Title:Z-TEL CONSUMER SERVICES, LLCBy:Name:Title:




---



##### 



EXHIBIT A
# L_2019173EN.01009601.xml

| 27.6.2019 | EN | Official Journal of the European Union | L 173/96 |
| --- | --- | --- | --- |

27.6.2019

EN

Official Journal of the European Union

L 173/96

---

Corrigendum to Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC

(
  Official Journal of the European Union L 143 of 30 April 2004
  )

On the cover, in the table of contents, and on page 87, in the title:

for:

‘Directive 2004/42/CE’,

read:

‘Directive 2004/42/EC’.

---
19-359327 

SALLY, TIMOTHY 

Objection to Confirmation 

Page 1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

IN RE: 

Timothy E Sally, 

 Debtor. 

_________________________________/

CASE NO.: 19-17664-LMI

CHAPTER 13

OBJECTION TO CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN 

Wells Fargo Bank, National Association, As Trustee for Citigroup Mortgage Loan Trust, Series 

2005-Opt4, Asset Backed Pass- Through Certificates, Series 2005-OPT4 ("Secured Creditor”), 

by and through its undersigned counsel, objects to confirmation of Debtor’s Chapter 13 Plan (DE 

#12), and states as follows: 

1. Debtor, Timothy E Sally (“Debtor”), filed a voluntary petition pursuant to Chapter 13 of 

the Bankruptcy Code on June 10, 2019. 

2. Secured Creditor holds a security interest in the Debtor’s real property located at 1841 

NW 67th St, Miami, FL 33147, by virtue of a Mortgage dated March 14, 2005. Said 

Mortgage secures a Note in the amount of $89,250.00. 

3. The Debtor filed a Chapter 13 Plan on June 21, 2019. 

4. The Plan fails to include treatment of Secured Creditor’s claim. The subject property and 

claim are, however, listed in Debtor’s schedules. Secured Creditor objects to the Plan and 

seeks clarification as to Debtor’s intentions in regard to the subject property and claim. 

WHEREFORE, Secured Creditor respectfully requests this Court sustain the objections stated 

herein and deny confirmation of Debtor’s Plan, and for such other and further relief as the Court 

may deem just and proper. 

Robertson, Anschutz & Schneid, P.L. 

Attorney for Secured Creditor 

6409 Congress Ave., Suite 100 

Boca Raton, FL 33487 

Telephone: 470-321-7112 

Facsimile: 561-997-6909 

Case 19-17664-LMI Doc 18 Filed 06/26/19 Page 1 of 3
19-359327 

SALLY, TIMOTHY 

Objection to Confirmation 

Page 2 

By: /s/Keith Labell 

Keith Labell, Esquire 

Florida Bar Number 0109158 

 Email: klabell@rasflaw.com 

Case 19-17664-LMI Doc 18 Filed 06/26/19 Page 2 of 3
19-359327 

SALLY, TIMOTHY 

Objection to Confirmation 

Page 3 

CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that on June 26, 2019, I electronically filed the foregoing 

with the Clerk of Court using the CM/ECF system, and a true and correct copy has been served 

via CM/ECF or United States Mail to the following parties: 

MARIA ALVAREZ 

LEGAL SERVICES OF GREATER MIAMI, INC. 

4343 WEST FLAGLER STREET #100 

MIAMI, FL 33134 

TIMOTHY E SALLY 

1841 NW 67TH STREET 

MIAMI, FL 33147 

NANCY K. NEIDICH 

POB 279806 

MIRAMAR, FL 33027 

U.S. TRUSTEE 

OFFICE OF THE US TRUSTEE 

51 S.W. 1ST AVE. 

SUITE 1204 

MIAMI, FL 33130 

Robertson, Anschutz & Schneid, P.L. 

Attorney for Secured Creditor 

6409 Congress Ave., Suite 100 

Boca Raton, FL 33487 

Telephone: 470-321-7112 

Facsimile: 561-997-6909 

By: /s/Keith Labell 

Keith Labell, Esquire 

Florida Bar Number 0109158 

Email: klabell@rasflaw.com

Case 19-17664-LMI Doc 18 Filed 06/26/19 Page 3 of 3
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion *

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40679

Conference Calendar

GEORGE HARRY DAVIS, JR

Petitioner-Appellant

v.

FRANCISCO QUINTANA, Warden

Respondent-Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:06-CV-721

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.

PER CURIAM:*

George Harry Davis, Jr., federal prisoner # 08260-078, appeals the district

court’s dismissal of his 28 U.S.C. § 2241 petition as repetitious. The district

court also made alternative findings regarding Davis’s petition, determining that

Davis’s allegations were insufficient to support a claim under 28 U.S.C. § 2255’s

savings clause and that Davis was not entitled to injunctive relief under the

Privacy Act, 5 U.S.C. § 552a.

United States Court of Appeals

Fifth Circuit

F I L E D

June 16, 2009

Charles R. Fulbruge III

Clerk
No. 08-40679

2

Although Davis challenges the district court’s alternative findings, he has

failed to challenge the district court’s primary determination that his § 2241

petition was repetitious. Although pro se briefs are afforded liberal construction,

Haines v. Kerner, 404 U.S. 519, 520 (1972), even pro se litigants must brief

arguments in order to preserve them. Yohey v. Collins, 985 F.2d 222, 224-25

(5th Cir. 1993). Failure to identify an error in the district court’s analysis is the

same as if Davis had not appealed the judgment. See Brinkmann v. Dallas

County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

This court may affirm the district court’s denial of relief on any ground

supported by the record. See Scott v. Johnson, 227 F.3d 260, 262 (5th Cir. 2000).

Because Davis has failed to challenge the district court’s determination that his

petition was repetitious, Davis is not entitled to relief. See Brinkmann, 813 F.2d

at 748; Scott, 227 F.3d at 262.

Accordingly, the judgment of the district court is AFFIRMED.
EXHIBIT 31.1
                                  CERTIFICATION


I, Sean A. Dobson, certify that:


1. I have reviewed this annual report on Form 10-K, and all reports on Form 8-K
containing distribution or servicing reports filed in respect of periods
included in the year covered by this annual report, of the USAutos Series 2004-1
Trust (the "Trust");

2. Based on my knowledge, the information in these reports, taken as a whole,
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 as of the
last day of the period covered by this annual report;

3. Based on my knowledge, the distribution or servicing information required to
be provided to the Depositor by the Trustee under the pooling and servicing, or
similar, agreement, for inclusion in these reports is included in these reports;

4. Based on my knowledge and upon the annual compliance statement included in
the report and required to be delivered to the trustee in accordance with the
terms of the pooling and servicing, or similar, agreement, and except as
disclosed in the reports, the Depositor and the Trustee has each fulfilled its
obligations under the servicing agreement; and

5. The reports disclose all significant deficiencies relating to the Depositor's
and Trustee's compliance with the minimum servicing standards based upon the
report provided by an independent public accountant, after conducting a review
in compliance with the Uniform Single Attestation Program for Mortgage Bankers
or similar procedure, as set forth in the pooling and servicing, or similar,
agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.

Date:  March 21, 2008


/S/ SEAN A. DOBSON
----------------------------
Sean A. Dobson, President
Information Requested from the Roxboro Steam Station

1. P l ease provide the type and source (i.e., mine name and location) of coal used at the plant each day from January 2012 through December 2013. In addition, please provide the sulfur and chlorine

content of the coal used at the p l ant for each day of this period, if available

. For days where coal blending occurred, please note the percentage of each type of coa l used.

Response: Only monthly average sulfur content (% As_Recei ved) and SO2 (lbm/Mbtu) is recorded. This information is provided in the “Roxboro EPA Data 3_14_14” spreadsheet on tab “SEO4643A4- Mayo”.

2. Please provide the following information for each day, beginning with the earliest date of sampling data you have provided through the end of 2013 (i.e., September 2009 through December 2013, if

available:

a) Chloride concentration

, pH, and average daily oxidation-reduction potential (ORP) values within

each FGD scrubber system;

Response: Average daily chloride concentration, pH and ORP values within each FGD scrubber system are provided in the “Roxboro EPA Data Final 3_14_14” spreadsheet under tab “FGD System Information”. These measurements a re taken off the absorber. Roxbor o consists of four units, each will serviced by its own absorber.

b) Chloride concentration

, pH

, and average daily ORP values for the influent to the FGD wastewater treatment system; and

Response: The FGD wastewater treatment system consists of a settling basin followed by a bioreactor. Chloride concentration is not measured in the influe nt to the settling basin. There are no reliable measurements of ORP or pH on the influent to the settling basins.

Chloride concentration is not measured in the infl uent to the bioreactor. pH and average daily ORP

values are measured in the influent to the bioreactor. This info rmation is provided in the “Roxboro EPA Data Final 3_14_14” spreadsheet under tab “Bioreactor Influent”.

c) E l ectric generation output (MW -hr) for each generating unit serviced by a FGD system

.

Response: The electric generation output (MW-hr) for each generation unit serviced by a FGD system is provided in the “Roxboro EPA Data Final 3_14_14” sp readsheet under tab “Electricity

Generation”.
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

Miami Division 

www.flsb.uscourts.gov

In re: Chapter 11 

AMERICA-CV STATION GROUP, INC. Case No. 19-16355-AJC 

CARIBEVISION HOLDINGS, INC. Case No. 19-16359-AJC 

AMERICA-CV NETWORK, LLC Case No. 19-16976-AJC 

CARIBEVISION TV NETWORK, LLC Case No. 19-16977-AJC 

 

 Debtors. 

____________________________________/ (Jointly Administered Under Case 

No. 19-16355-BKC-AJC) 

AGREED ORDER GRANTING IN PART CREDITORS’ MOTION FOR TEMPORARY 

ALLOWANCE OF CLAIMS FOR VOTING PURPOSES PURSUANT TO 

BANKRUPTCY RULE 3018 

THIS MATTER came on for consideration on the Motion for Temporary Allowance of 

Claims for Voting Purposes Pursuant to Bankruptcy Rule 3018 filed by Creditors Carlos Reyes, 

Cecilia Amory, Elionic Rosell, Guillermo Nardo, Luis Tejera and Mercedes Leon, individually, 

and Luis Tejera, as Class Representative [ECF No. 219] (the “Motion”), and it appearing that the 

relief requested is in the best interests of the Debtors’ estates, their creditors and all other parties 

A. Jay Cristol, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on May 28, 2020.

Case 19-16355-AJC Doc 267 Filed 05/29/20 Page 1 of 2
2

in interest; noting the agreement of the parties, and after due deliberation and sufficient cause 

appearing therefor, it is 

ORDERED, as follows:

1. The Motion is GRANTED IN PART as set forth herein. 

2. Pursuant to Bankruptcy Rule 3018, Luis Tejera, as Class Representative, shall be 

permitted to a temporary claim for voting purposes in the amount of $3,000,000. 

3. Nothing herein shall constitute an allowance of Claim Number 13 filed by Luis 

Tejera, as Class Representative or any claim filed by Carlos Reyes, Cecilia Amory, Elionic 

Rosell, Guillermo Nardo, Luis Tejera and Mercedes Leon, individually. 

4. Any ballot filed by Luis Tejera, as Class Representative, shall be deemed timely. 

###

Submitted By: 

Heather L. Harmon, Esq. 

Genovese Joblove & Battista, P.A. 

Counsel for Debtors-in-Possession 

100 SE 2nd Street, Suite 4400 

Miami, Florida 33131 

Telephone: 305-349-2300 

hharmon@gjb-law.com 

Copies to: 

Heather L. Harmon, Esq. 

[Attorney Harmon is directed to serve a conformed copy of this order on all interested parties] 

Case 19-16355-AJC Doc 267 Filed 05/29/20 Page 2 of 2
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 9, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-50369

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ANGEL PATILLO-GONZALEZ,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:04-CR-606-ALL

--------------------

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jose Angel

Patillo-Gonzalez raises arguments that are foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998),

which held that a prior conviction is a sentencing factor under

8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.
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 Annual Report of JUPITER Global Holdings, Corp.. (the
          Company) on Form 10-KSB for the year ending December 31, 2004, as filed
          with the
          Securities and Exchange Commission on the date hereof (the Report), I,
          Ray
          Hawkins, Principal Executive Officer 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
          results
          of operations of the Company.
  
 Dated:
                  September 14, 2005
                By:
                /s/ Ray
                  HawkinsRay
                  HawkinsPrincipal
                  Executive Officer
  A
          signed
          original of this written statement required by Section 906 has been provided
          to
          JUPITER Global Holdings, Corp.. and will be retained by JUPITER Global
          Holdings,
          Corp. and furnished to the Securities and Exchange Commission or its staff
          upon
          request.
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Vincent C. Smith, certify that: 

 

1. I have reviewed this Annual Report on Form 10-K/A of Quest Software, Inc.; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a materialfact 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 presentin 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 definedin 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, includingits 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 conclusionsabout 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 theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and 

 

5. The registrant’s othercertifying 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 performingthe equivalent functions): 

 

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

 

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

 

Date: April 29, 2004
Exhibit 10.19


Description
of the Material Terms of Rocky Brands, Inc.’s


Bonus Plan for the Fiscal Year Ending
December 31, 2012


 


 


Messrs. Sharp, McDonald and Brooks are eligible
to receive cash bonuses under the Company’s Bonus Plan for the fiscal year ending December 31, 2012 (the “2012 Bonus
Plan”).


The 2012 Bonus Plan utilizes
a performance criteria based on the previous five years EBITDA before bonuses, less capital expenditures but excluding the highest
and lowest of the five years (“Adjusted EBITDA”). The threshold amount for earning bonuses is 85% of the Adjusted EBITDA;
provided however that the threshold amount must not be less than is necessary to cover all financial covenants and debt obligations
(the “Threshold Amount”). Next, 30% of the Adjusted EBITDA above the Threshold Amount, will go into a bonus pool to
be allocated among all participants (the “Bonus Pool”). The Bonus Pool will then be allocated among all participants
based on the relative base compensation of each participant times an assigned base compensation multiplier (the “Multiplier
Salary”), which product for each participant would then be compared to and calculated as a percentage of the total of the
Multiplier Salary for all participants in the Bonus Plan.


Each
participant in the 2012 Bonus Plan is assigned a multiplier of base salary ranging from 4.50 to 0.75 times base salary, and each
participant will be allocated a percentage of the Bonus Pool by calculating the participant’s Multiplier Salary as
a percentage of the Multiplier Salary for all participants in the 2012 Bonus Plan. It is recognized that the percentages could
change depending on changes in the participants during 2012, but the total will always be 100%.


The multipliers of base salary
for Messrs. Sharp, McDonald and Brooks are 4.50, 3.50 and 2.00, respectively.


If and to the extent that any
bonus calculated under the 2012 Bonus Plan payable to either of Messrs. Sharp or McDonald exceeds his base salary for 2012, such
excess shall be paid in restricted shares of the Company.
II 

112TH CONGRESS 

2D SESSION S. 3496 

To amend title XVIII of the Social Security Act to permit direct payment 

to pharmacies for certain compounded drugs that are prepared by the 

pharmacies for a specific beneficiary for use through an implanted infusion pump. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2012 

Mr. COCHRAN (for himself and Mr. WICKER) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to permit 

direct payment to pharmacies for certain compounded 

drugs that are prepared by the pharmacies for a specific 

beneficiary for use through an implanted infusion pump. 

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

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 3496 IS

1 SECTION 1. MEDICARE DIRECT PAYMENT TO PHARMACIES 

2 FOR CERTAIN COMPOUNDED DRUGS THAT 

3 ARE PREPARED BY THE PHARMACIES FOR A 

4 SPECIFIC BENEFICIARY FOR USE THROUGH 

5 AN IMPLANTED INFUSION PUMP. 

6 (a) IN GENERAL.—The first sentence of section 

7 1842(b)(6) of the Social Security Act (42 U.S.C. 

8 1395u(b)(6)) is amended— 

9 (1) by striking ‘‘and’’ before ‘‘(H)’’; and 

10 (2) by inserting before the period at the end the 

11 following: ‘‘, and (I) in the case of covered com12 pounded drugs that are prepared by a pharmacy for 

13 a specific individual, are dispensed, directly or indi14 rectly, to the individual, are necessary for the effec15 tive use of, or therapeutic benefit from, an im16 planted infusion pump (regardless who refills the 

17 pump), and are billed directly by the pharmacy, pay18 ment shall be made to the pharmacy’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) shall apply to drugs dispensed on or after 

21 the date of the enactment of this Act. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS