alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amended and Restated Secured Promissory Note



 Exhibit 10.5 
  
 AMENDED AND RESTATED 

SECURED PROMISSORY NOTE 
  

					
		
	 $45,000,000.00
	  	 
  
	Santa Ana, California
 December 31, 2011
	  

  


  
 This AMENDED
AND RESTATED SECURED PROMISSORY NOTE amends and restates that certain SECURED PROMISSORY NOTE dated as of June 1, 2010, as previously amended and restated on December 31, 2010, made by Payor (as defined below) in favor of Payee (as defined
below). 
  
 FIRST AMERICAN FINANCIAL
CORPORATION, a corporation organized and existing under the laws of the State of Delaware (the “Payor”) hereby promises to pay to the order of First American Title Insurance Company, a California corporation (the “Payee”), in
lawful money of the United States of America, by bank check or wire transfer, at 1 First American Way, Santa Ana, CA 92707, the principal sum of FORTY FIVE MILLION DOLLARS ($45,000,000.00), together with interest thereon at a rate of three and
forty-nine hundredths percent (3.49%) per annum, payable on December 31, 2013. 
  
 Upon the commencement of any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar proceeding or any
jurisdiction relating to the Payor, the unpaid principal amount hereof, together with any unpaid interest, shall become immediately due and payable without presentment, demand, protest or notice of any kind in connection with this Note. 

 
 This Note may be voluntarily repaid by the
Payor prior to maturity, in whole or in part, without premium or penalty. The Payor hereby waives presentment, demand, protest or notice of any kind in connection with this Note. 

 
 This Note is secured by the security pledged
by Payor to Payee under that certain Amended and Restated Pledge Agreement dated December 31, 2008 between Payor and Payee, as such agreement may be amended from time to time. 

 
 THIS NOTE SHALL BE CONSTRUED IN ACCORDANCE
WITH AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. 
  
 FIRST AMERICAN FINANCIAL CORPORATION 
  

By:  /s/Max O.
Valdes                             

        Name: Max O. Valdes 

        Title: Chief Financial Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3091 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3091

   To extend the temporary reduction of duty on viscose rayon staple 
               fibers having a decitex of less than 5.0.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2012

  Mrs. Hagan introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To extend the temporary reduction of duty on viscose rayon staple 
               fibers having a decitex of less than 5.0.

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

SECTION 1. VISCOSE RAYON STAPLE FIBERS HAVING A DECITEX OF LESS THAN 
              5.0.

    (a) In General.--Heading 9902.55.04 of the Harmonized Tariff 
Schedule of the United States (relating to viscose rayon staple fibers 
having a decitex of less than 5.0) is amended by striking the date in 
the effective period column and inserting ``12/31/2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
II 

112TH CONGRESS 

2D SESSION S. 3435 

To designate the facility of the United States Postal Service located at 

26 East Genesee Street in Baldwinsville, New York, as the ‘‘Corporal 

Kyle Schneider Post Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2012 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To designate the facility of the United States Postal Service 

located at 26 East Genesee Street in Baldwinsville, New 

York, as the ‘‘Corporal Kyle Schneider Post Office Building’’. 

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

3 SECTION 1. CORPORAL KYLE SCHNEIDER POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 26 East Genesee Street in 

7 Baldwinsville, New York, shall be known and designated 

8 as the ‘‘Corporal Kyle Schneider Post Office Building’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•S 3435 IS

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Corporal Kyle Schnei5 der Post Office Building’’. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

WILLIAM NUNEZREYES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D17-2467

[June 7, 2018]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Samantha Schosberg Feuer, Judge; L.T. Case No. 

502013CF011602AXXMB.

Terry P. Roberts of the Law Office of Terry P. Roberts, Tallahassee, for 

appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marc B. 

Hernandez, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

DAMOORGIAN and KUNTZ, JJ., and FAHNESTOCK, FABIENNE, Associate Judge, 

concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32.1



Certification of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



Pursuant to 18 U.S.C. §1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Mad Catz Interactive, Inc.
(the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Annual Report on Form 10-K of the Company for the period ended March 31, 2006 (the Report)
fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



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



|                    |  |  |  |                                                         
|------------------- |  |  |  | --------------------------------------------------------
|Date: June 27, 2006 |  |  |  | /S/    DARREN RICHARDSON                                
|                    |  |  |  | Darren Richardson, President and Chief Executive Officer



The foregoing certifications are being
furnished solely to accompany the Report pursuant to 18 U.S.C. §1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
**THE SANDS REGENT AND SUBSIDIARIES**

**EXHIBIT 99.1**

CERTIFICATION OF FINANCIAL CONDITION AND RESULTS OF OPERATION

In connection with theQuarterly Report of The Sands Regent (the “Company”) on Form 10Q for the period ending September 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned certify that:

(1)  They are, respectively, the Chief Executive Officer and Chief Operating andPrincipal Accounting Officer of the Company.

(2)  They have reviewed the Company’s Report and the requirements of Section 13(a) and 15(d) of the Securities Exchange Ace of 1934, asamended (the “Act”).

(3)  They have concluded that the Report fully complies with the requirement of Section 13(a) or 15(d) of the Act. 

(4)  They have concluded that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.

Dated this 14th day of November 2002.

|                                                                                                                                                                                                                                                                             | /s/   Ferenc B. Szony |   |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------|--------|
|  
  
 
**Ferenc B. Szony President and Chief Executive Officer**

  
 
  
  
 
 /s/   Robert J. Medeiros
  
 
  
 
**Robert J. Medeiros Chief Operating and Principal Accounting Officer**

  
  |
<PAGE>


RATIO OF EARNINGS TO FIXED CHARGES. We have calculated Bottling LLC's ratio of
earnings to fixed charges in the following table by dividing earnings by fixed
charges. For this purpose, earnings are before taxes, minority interest and
cumulative effect of change in accounting principle, plus fixed charges
(excluding capitalized interest) and losses recognized from equity investments,
reduced by undistributed income from equity investments. Fixed charges include
interest expense, capitalized interest and one-third of net rent which is the
portion of the rent deemed representative of the interest factor.

                                                                   EXHIBIT 12

<TABLE>
<CAPTION>
                                                                       RATIO OF EARNINGS TO FIXED CHARGES
                                                                             (dollars in millions)
                                                                                    FISCAL YEAR
                                                               2004        2003        2002        2001        2000
                                                             --------    --------    --------    --------    --------
<S>                                                          <C>         <C>         <C>         <C>         <C>
NET INCOME BEFORE TAXES, MINORITY INTEREST AND
       CUMULATIVE EFFECT OF CHANGE IN ACCOUNTING PRINCIPLE   $    832    $    811    $    792    $    600    $    501

Undistributed (income) loss from equity
       investments                                                 (1)         (1)          -           -           -
Fixed charges excluding capitalized interest                      191         200         152         145         150
                                                             --------    --------    --------    --------    --------
EARNINGS AS ADJUSTED                                         $  1,022    $  1,010    $    944    $    745    $    651
                                                             ========    ========    ========    ========    ========

FIXED CHARGES:
       Interest expense                                      $    166    $    177    $    131    $    132    $    136
       Capitalized interest                                         -           -           -           1           1
       Interest portion of rental expense                          25          23          21          13          14
                                                             --------    --------    --------    --------    --------

TOTAL FIXED CHARGES                                          $    191    $    200    $    152    $    146    $    151
                                                             ========    ========    ========    ========    ========

RATIO OF EARNINGS TO FIXED CHARGES                               5.35        5.05        6.21        5.09        4.31
</TABLE>
Exhibit 99.3


                        Independent Accountant's Report


Lehman ABS Corporation, as Depositor
745 Seventh Avenue
New York, New York 10019

U.S. Bank Trust National Association, as Trustee
Corporate Trust Department
100 Wall Street
New York, NY 10005

Re:  Corporate Backed Trust Certificates, DaimlerChrysler Debenture-Backed
     Series 2004-8 Trust (the "Trust")

Ladies and Gentlemen:

We have examined assertions of Lehman ABS Corporation (the "Depositor") and
U.S. Bank National Association, (the "Trustee" and, together with the
Depositor, the "Management") that the Depositor and the Trustee have complied,
in all material respects, with the provisions of the Standard Terms for Trust
Agreements dated as of January 16, 2001, as supplemented by a series
supplement dated as of October 19, 2004 (together, the "Trust Agreement") in
respect of the Corporate Backed Trust Certificates, DaimlerChrysler
Debenture-Backed Series 2004-8 Trust (the "Trust"), during the period covered
by the annual report on Form 10-K filed by the Depositor on behalf of the
Trust for the year ended December 31, 2004 (the "Annual Report"). Management
is responsible for compliance with the Trust Agreement. Our responsibility is
to express an opinion on Management's assertions based on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Depositor's and the Trustee's
compliance with the Trust Agreement and performing such other procedures as
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion.

In our opinion, the Depositor and the Trustee have complied, in all material
respects, with the Trust Agreement during the period covered by the Annual
Report and Management's assertions with respect to such compliance are fairly
stated, in all material respects, for the year ended December 31, 2004.


/s/ Aston Bell, CPA


New York, New York
March 22, 2005
# L_2004230EN.01000701.xml

| 30.6.2004 | EN | Official Journal of the European Union | L 230/7 |
| --- | --- | --- | --- |

30.6.2004

EN

Official Journal of the European Union

L 230/7

---

COMMISSION REGULATION (EC) No 1199/2004

of 29 June 2004

determining the extent to which applications lodged in June 2004 for import licences for certain poultrymeat sector products pursuant to Regulation (EC) No 2497/96 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 2497/96 of 18 December 1996 laying down rules for the application in the poultrymeat sector of the system provided for by the Association Agreement and the Interim Agreement between the European Community and the State of Israel (1), and in particular Article 4(5) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 July to 30 September 2004 submitted pursuant to Regulation (EC) No 2497/96 shall be met as referred to in the Annex.

2.   Application for import licences for the period 1 October to 31 December 2004 may be lodged pursuant to Regulation (EC) No 2497/96 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 July 2004.

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

Done at Brussels, 29 June 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 338, 28.12.1996, p. 48. Regulation as last amended by Regulation (EC) No 361/2004 (OJ L 63, 28.2.2004, p. 15).

1

---

ANNEX

| Group No | Percentage of acceptance of import licences submitted for the period of 1 July to 30 September 2004 | Total quantity available for the period of 1 October to 31 December 2004
  (t) |
| --- | --- | --- |
| I1 | 30,30 | 360,50 |
| I2 | 100,00 | 128,75 |

Group No

Percentage of acceptance of import licences submitted for the period of 1 July to 30 September 2004

Total quantity available for the period of 1 October to 31 December 2004

(t)

I1

30,30

360,50

I2

100,00

128,75

---
**Exhibit 31.1 **

**CERTIFICATION**

I, Aurangzeb Bhatti, the President of the registrant, certify that: 

     1. I have reviewed this annual report on Form 10-KSB of Digital Learning Management Corporation; 

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

     3. Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual 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-14 and 15d-14) for the registrant and we 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 annual report is being prepared;

     b) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this annual 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 mot 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 over financial reporting; and

     5. The registrant’s other certifying officers 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 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.
S. 349 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Wednesday, 

the fifth day of January, two thousand and eleven 

An Act 

To designate the facility of the United States Postal Service located at 4865 

Tallmadge Road in Rootstown, Ohio, as the ‘‘Marine Sgt. Jeremy E. Murray 

Post Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. MARINE SGT. JEREMY E. MURRAY POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 4865 Tallmadge Road in Rootstown, Ohio, shall 

be known and designated as the ‘‘Marine Sgt. Jeremy E. Murray 

Post Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Marine Sgt. Jeremy E. Murray Post Office’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6547

RICHARD S. FETT, 

 Petitioner – Appellant, 

 v. 

DIRECTOR, VA DEPT OF CORRECTIONS, 

 Respondent – Appellee. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. T.S. Ellis, III, Senior 

District Judge. (1:08-cv-01129-TSE-JFA) 

Submitted: September 29, 2009 Decided: October 6, 2009 

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Richard S. Fett, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Richard S. Fett seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2254 (2006) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. See Miller-El v. Cockrell, 537 

U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We 

have independently reviewed the record and conclude that Fett 

has not made the requisite showing. Accordingly, we deny Fett’s 

motion for a certificate of appealability and dismiss the 

appeal. 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. 

DISMISSED
Exhibit 10.11



 Exhibit 10.11 
 Under Armour, Inc. 
 Amendment to Stock Option Awards 

Vesting Upon Death or Disability 
 Effective Date: August 3, 2011 
 The Option Grant Agreements for all outstanding Under
Armour, Inc. stock options under the Amended and Restated 2005 Omnibus Long-Term Incentive Plan (the “Stock Plan”) have been amended effective August 3, 2011 to provide that all unvested stock options vest immediately upon the death
or Disability (as defined under the Stock Plan) of the person to whom the stock option was awarded. 
 This amendment applies to all outstanding
Option Grant Agreements under the Stock Plan, including Option Grant Agreements that provide for vesting over time or Performance Based Option Grant Agreements that provide for vesting following achievement of certain performance targets.

 Please keep this amendment with the Option Grant Agreements. All other terms of the Option Grant Agreements remain unchanged.