alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.4

Alcon Holdings, Inc.



DEMAND NOTE

$140,000,000.00							Date:	June 21, 2002

FOR VALUE RECEIVED, the undersigned promises to pay to the order of Nestlé Capital Corporation ("NCC") in lawful money of the United States of America the principal sum of One Hundred Forty Million Dollars ($140,000,000.00), or, if less, the aggregate unpaid principal amount of all advances that have been made by NCC to the undersigned hereunder and are outstanding on the date this note is presented for payment by NCC to the undersigned.

The unpaid balance of this obligation shall bear interest from the date hereof until full payment under the following terms:

|Principal:         | The average daily balance of the unpaid obligation for the Interest Period.                                                                                                      
|------------------ | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Per Annum Rate:    | The interest rate charged will be the average one month LIBOR plus 50 basis points for the Interest Period as published on Bloomberg (US0001M Index HP) for the historical rates.
|Calculation Basis: | Actual / 360 day basis.                                                                                                                                                          
|Interest Period:   | Monthly, as defined by the Nestlé Holdings, Inc. fiscal calendar.                                                                                                                
|Interest Payments: | Monthly, in arrears, settled in the NestléS.A. netting cycle.                                                                                                                    





This Note is payable on demand and the holder shall be entitled to require payment in full of all amounts outstanding, whether or not an event of default exists hereunder.  Any demand that exceeds twenty-five million ($25,000,000) or 50% of the advances outstanding requires at least ten (10) business days notice to the undersigned, which requirement may be waived by the undersigned.  The undersigned may repay part or all of its loan balance without premium or penalty, provided that, if any repayment exceeds twenty five million ($25,000,000) or 50% of the loan balance, the undersigned must notify NCC at least ten (10) business days prior to such repayment, which notification may be waived by NCC.



NCC shall record, in a separate loan account, all advances made by NCC pursuant to this Note, and all repayments of such advances made by the undersigned.  NCC shall deliver to the undersigned each month a report that details all advances and repayments for that month.



The undersigned hereby waives presentment, protest, demand and notice of nonpayment of this Note.  This Note is subject to and shall be construed under the laws of the State of Delaware.

By:  	Alcon Holdings, Inc.



/s/ David Bass

David A. Bass

VP, Treasurer Global Operations





/s/ Jake Murrah

Jake Murrah

VP, Finance U.S. Operations
**Exhibit 4.2**

 

16Yauzsky Boulevard, Moscow 109028

OJSCWimm-Bill-Dann

 

24 June, 2008

 

DearSirs,

 

Pendingfinal agreement of the two packaging material supply contracts between CJSCTetra Pak and OJSC Wimm-Bill-Dann and CJSC Tetra Pak and OJSC WBD-Beverages,respectively, for the 2008 calendar year, we hereby confirm that the purchaseof supplies by  OJSC Wimm-Bill-Dann andOJSC WBD-Beverages from CJSC Tetra Pak shall continue in 2008 in accordancewith the principal terms of the contracts signed by the parties in 2007,subject to adjustment upon conclusion of the 2008 contracts based on the termsof the 2008 contracts.

 

 
|  Sincerely,                                       |
|--------------------------------------------------------|
|                                                   |
|  /s/ W. Muehling                                  |   |
| W. Muehling                                            |
| CJSC Tetra Pak                                         |
|                                                   |
| Accepted and Agreed:                                   |
|                                                   |
| /s/ A.V. Skorobogatov                                  |   |
| A.V. Skorobogatov:                                     |
| on behalf of OJSC Wimm-Bill-Dan and OJSC WBD-Beverages |

 

----
Ckta 

Cherry 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

JOHN ELVIN TURNER, 

Appellant, 

vs. 

H.D.S.P. - DOC; NEVADA INMATE 

BANK SYSTEM; AND THE STATE OF 

NEVADA, 

Respondents. 

No. 66868 

SLED 

FEB 0 3 2016 

ORDER DISMISSING APPEAL 

This is a pro se appeal from an order of the district court 

affirming a judgment of the justice court in a small claims matter. Eighth 

Judicial District Court, Clark County; Jerry A. Wiese, Judge. 

Our review of this appeal reveals a jurisdictional defect. 

Specifically, appellant's case arose in the justice court. The district court 

has final appellate jurisdiction over a case arising in the justice court. 

Nev. Const. art. 6, sec. 6; Tripp v. City of Sparks, 92 Nev. 362, 363, 550 

P 2d 419, 419 (1976). Accordingly, we conclude that we lack jurisdiction to 

consider this appeal, and we 

ORDER this appsALDISMISSED. 1 

Douglas 

'In light of this disposition, appellant's motion to waive the filing fee 

is denied as moot. 

SUPREME COURT 

OF 

NEVADA 

(0) I947A 1,0- 6SL9-4 
cc: Hon. Jerry A. Wiese, District Judge 

John Elvin Turner 

Attorney General/Caron City 

Attorney General/Las Vegas 

Eighth Judicial District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

2 

(t)) 1947A -
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 498 Reported in Senate (RS)]

                                                        Calendar No. 41
112th CONGRESS
  1st Session
                                 S. 498

                          [Report No. 112-16]

  To ensure objective, independent review of task and delivery orders.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2011

   Mr. Lieberman (for himself, Ms. Collins, Mrs. McCaskill, and Mr. 
   Portman) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                              May 9, 2011

              Reported by Mr. Lieberman, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To ensure objective, independent review of task and delivery orders.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Task and Delivery Order 
Review Extension Act of 2011''.

SEC. 2. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK AND 
              DELIVERY ORDER CONTRACTS.

    Section 4106(f)(3) of title 41, United States Code, is amended to 
read as follows:
            ``(3) Effective period.--Paragraph 1(B) and paragraph (2) 
        of this subsection shall not be in effect after September 30, 
        2016.''.

SEC. 3. USE OF EXISTING RESOURCES TO PROCESS TASK AND DELIVERY ORDER 
              PROTESTS.

    No amounts are authorized to be appropriated for the specific 
purpose of processing protests authorized under section 4106(f) of 
title 41, United States Code, as amended by section 2, and all such 
protests shall be processed using the existing resources of the 
Government Accountability Office and executive agencies.
                                                        Calendar No. 41

112th CONGRESS

  1st Session

                                 S. 498

                          [Report No. 112-16]

_______________________________________________________________________

                                 A BILL

  To ensure objective, independent review of task and delivery orders.

_______________________________________________________________________

                              May 9, 2011

                       Reported with an amendment
```
Exhibit 3.13

      State of Delaware
     Secretary of State
  Division or Corporations
Delivered 02:01 PM 12/29/2008
  FILED 12:16 PM 12/29/2008
SRV 081232524 - 4638625 FILE

                          CERTIFICATE OF INCORPORATION

     FIRST: The name of this corporation shall be TULARE HOLDINGS, INC.

     SECOND: Its registered office in the State of Delaware is to be located at
2711 Centerville Road, Suite 400, Wilmington, County of New Castle, Delaware,
19808. The name of its registered agent at such address is The Company
Corporation.

     THIRD: The purpose or purposes of the corporation shall be:

          To engage in any lawful act or activity for which corporations may be
          organized under the General Corporation Law of Delaware.

     FOURTH: The total number of shares of stock, which this corporation is
authorized to issue, is one thousand five hundred (1,500) shares of common stock
without par value.

     FIFTH: The name and address of the incorporator is as follows:

                            The Company Corporation
                            2711 Centerville Road
                            Suite 400
                            Wilmington, Delaware 19808

     SIXTH: The Board of Directors shall have the power to adopt, amend or
repeal the by-laws.

     SEVENTH: No director shall be personally liable to the Corporation or its
stockholders for monetary damages for any breach of fiduciary duty by such
director as a director. Notwithstanding the foregoing sentence, a director shall
be liable to the extent provided by applicable law, (i) for breach of the
director's duty of loyalty to the Corporation or its stockholders, (ii) for acts
or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law, (iii) pursuant to Section 174 of the Delaware General
Corporation Law or (iv) for any transaction from which the director derived an
improper personal benefit. No amendment to or repeal of this Article Seventh
shall apply to or have any effect on the liability or alleged liability of any
director of the Corporation for or with respect to any acts or omissions of such
director occurring prior to such amendment.

     IN WITNESS WHEREOF, the undersigned, being the incorporator herein before
named, has executed signed and acknowledged this certificate of incorporation
this 29th day of December, 2008.

                                  The Company Corporation, Incorporator


                                  By: /s/ Margaret Dennis
                                     -----------------------------------
                                  Name: Margaret Dennis
                                        Assistant Secretary
EXHIBIT 99.2


                            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-QSB (the  "Report") of
Cambridge  Holdings,  Ltd. (the "Company") for the quarter ended March 31, 2003,
each of the undersigned Jeffrey G. McGonegal,  the Senior Vice President-Finance
and Chief  Financial  Officer of the Company,  hereby  certifies  pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that, to the best of the undersigned's knowledge and belief:

     (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:  May 15, 2003     /s/ Jeffrey G. McGonegal
                         -------------------------------------------------------
                         Jeffrey G. McGonegal, Senior Vice President-Finance and
                         Chief Financial Officer

                                    * * * * *


A signed  original  of the  written  statement  required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
# L_2008264EN.01000301.xml

| 3.10.2008 | EN | Official Journal of the European Union | L 264/3 |
| --- | --- | --- | --- |

3.10.2008

EN

Official Journal of the European Union

L 264/3

---

COMMISSION REGULATION (EC) No 968/2008

of 2 October 2008

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 3 October 2008.

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

Done at Brussels, 2 October 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 91,4 |
| MK | 39,4 |
| TR | 88,1 |
| ZZ | 73,0 |
| 0707 00 05 | JO | 156,8 |
| TR | 74,9 |
| ZZ | 115,9 |
| 0709 90 70 | TR | 120,2 |
| ZZ | 120,2 |
| 0805 50 10 | AR | 79,0 |
| BR | 51,8 |
| EG | 71,4 |
| TR | 92,0 |
| UY | 95,7 |
| ZA | 71,1 |
| ZZ | 76,8 |
| 0806 10 10 | TR | 87,7 |
| US | 162,4 |
| ZZ | 125,1 |
| 0808 10 80 | CL | 127,5 |
| CN | 93,4 |
| CR | 67,4 |
| NZ | 109,1 |
| US | 92,2 |
| ZA | 92,6 |
| ZZ | 97,0 |
| 0808 20 50 | CN | 69,9 |
| TR | 137,5 |
| ZA | 92,0 |
| ZZ | 99,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

91,4

MK

39,4

TR

88,1

ZZ

73,0

0707 00 05

JO

156,8

TR

74,9

ZZ

115,9

0709 90 70

TR

120,2

ZZ

120,2

0805 50 10

AR

79,0

BR

51,8

EG

71,4

TR

92,0

UY

95,7

ZA

71,1

ZZ

76,8

0806 10 10

TR

87,7

US

162,4

ZZ

125,1

0808 10 80

CL

127,5

CN

93,4

CR

67,4

NZ

109,1

US

92,2

ZA

92,6

ZZ

97,0

0808 20 50

CN

69,9

TR

137,5

ZA

92,0

ZZ

99,8

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
#### UNITED STATES of America, Plaintiff-Appellee v. Ray Narciso CONTRERAS, Defendant-Appellant. United States of America, Plaintiff-Appellee v. Ray Contreras, Defendant-Appellant.

Nos. 11-20294, 11-20295

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 15, 2011.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Ray Narciso Contreras, Beaumont, TX, pro se.

*240Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

PER CURIAM: *

IT IS ORDERED that the above-captioned appeals are CONSOLIDATED. Ray Narciso Contreras pleaded guilty in separate cases of conspiracy to possess with intent to distribute marijuana and possession with intent to distribute methamphetamine and was sentenced to concurrent 210-month terms of imprisonment. Judgment was entered in both cases on November 17, 2010, and his notices of appeal were dated April 12, 2011, and were filed in the record on April 20, 2011. Contreras’s notices of appeal were filed five months after the final judgments were entered and beyond the time for extending the appeal period under Federal Rule of Appellate Procedure 4(b)(4). *See*Fed. R.App. P. 4(b)(1)(A)(1), (b)(4). Contreras did not file a timely notice of appeal as to either appeal, and he has not asserted any ground for excusable neglect. Therefore, his appeals are DISMISSED as untimely. *See United States v. Leijano-Cruz,*473 F.3d 571, 574 (5th Cir.2006). Accordingly, his motions for appointment of counsel and to proceed in forma pauperis on appeal are DENIED AS MOOT.

*

 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.
[No. 14518-2-III.

Division Three.

September 9, 1997.]

#### *In the Matter of the Marriage of*Frances Ruttan Pollin, *Respondent,*and David Feig Pollin, *Appellant.*

Appeal from a judgment of the Superior Court for Walla Walla County, No. *91-3-00078-1,*Yancey Reser, J., entered October 31, 1994. *Reversed*by unpublished opinion per Brown, J., concurred in by Sweeney, C.J., and Thompson, J.
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

I Paul Briggs, hereby certify that:

1. The annual report of the registrant on Form 10-K for the year ended December 31, 2009 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 annual report
fairly presents, in all material respects, the financial condition and results of operations of the registrant as of the dates and for the periods expressed in the report.



|                                                           
|-----------------------------------------------------------
|/s/ Paul Briggs                                            
|Paul Briggs                                                
|President, Chief Executive Officer, Chief Financial Officer
|March 31, 2010
#### The People of the State of New York, Respondent, v Ivan Lucas, Appellant.

[942 NYS2d 842]

Appeal from a judgment of the Supreme Court, Erie County (Shirley Troutman, J.), rendered January 26, 2010. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1] [intentional murder]) and criminal possession of a weapon in the second degree (§ 265.03 [3]). Contrary to defendant’s contention, the conviction is supported by legally sufficient evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). Addressing first the conviction of intentional murder, we note that “ ‘[i]ntent to kill may be inferred from defendant’s conduct as well as the circumstances surrounding the crime’ ” *(People v Badger,*90 AD3d 1531, 1532 [2011]; *see People v Geddes,*49 AD3d 1255, 1256 [2008], *lv denied*10 NY3d 863 [2008]). Here, viewing the evidence in the light most favorable to the People *(see People v Contes,*60 NY2d 620, 621 [1983]), we conclude that it is legally sufficient to establish defendant’s intent to kill. The People presented evidence that defendant had quarreled with the victim immediately before the shooting *(see People v Henning,*267 AD2d 1092, 1092 [1999], *lv denied*94 NY2d 903 [2000]). In addition, the shooting occurred while defendant was facing the victim and, with the encouragement of a bystander, defendant pointed a gun toward the victim from a few feet away and fired that weapon *(see People v Cobb,*72 AD3d 1565, 1565 [2010], *lv denied*15 NY3d 803 [2010]; *People v Colon,*275 AD2d 797, 797 [2000], *lv denied*95 NY2d 904 [2000]). With respect to the conviction of criminal possession of a weapon, “[t]he evidence, viewed in the light most favorable to the People . . . , is legally sufficient to disprove defendant’s defense of temporary and lawful possession of a weapon” *(People v Miller,*259 AD2d 1037 [1999], *lv denied*93 NY2d 927 [1999]; *see generally Bleakley,*69 NY2d at 495).

*1442Viewing the evidence in light of the elements of the crimes as charged to the jury *(see People v Danielson,*9 NY3d 342, 349 [2007]), we further conclude that the verdict is not against the weight of the evidence *(see Bleakley,*69 NY2d at 495). “ [Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury” *(People v Witherspoon,*66 AD3d 1456, 1457 [2009], *lv denied*13 NY3d 942 [2010] [internal quotation marks omitted]). Finally, the sentence is not unduly harsh or severe. Present — Scudder, P.J., Smith, Fahey and Sconiers, JJ.
<PAGE>

Exhibit 99.2

                        CERTIFICATION OF CFO 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 Oxford Ventures, Inc. (the "Company") on
Form 10-KSB for the period ending December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Robert Harrison, as
President and Chief Financial Officer of the Company, certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of his knowledge, that:

(1)      The Report fully complies with the requirements of section 13(a) of the
         Securities Exchange Act of 1934; and

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

By:  /s/ Robert Harrison
------------------------------
Robert Harrison
President, CEO AND CFO
March 27, 2003