alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.53**

**Application Letter for Drawing of Bank Loan Facility**

 No. Jie 2005 Zong 1145042R-11

**To: Shenzhen Branch, China Construction Bank**

In accordance with the Comprehensive Credit Facility Agreement (No. Jie 2005 Zong 1145042R, hereinafter referred to as “Agreement”) entered into between your company and us, namely, Shenzhen BAK Battery Co., Ltd., we would like to apply for the drawing of the loan facility under the Agreement.

I. We would like to apply for the bank loan of RMB Ten Million Yuan (RMB 10,000,000 yuan).

II. The term of this bank loan shall be six months.

III. The purpose of this bank loan is for production working capital. 

IV. Interest Rate and Interest

| (1)    | Loan in RMB     |
|--------|-----------------|
|   |            |
| 1.     | Interest   Rate |

The interest rate for the bank loan is 4.725% per month fixed for the whole bank loan term.

| 2. | Penalty   Interest Rate |
|----|-------------------------|

The penalty interest rate is fixed at 9.45% per month in case that we use the bank loan for purpose other than that stated in this application letter;  

The penalty interest rate is fixed at 7.0875% per month in case that we delayed in repayment of the loan.

3.  The interest will be calculated from the date of transfer of the loan into the account of borrower. The interest will be calculated by the day and the daily interest = monthly interest/30 = annual interest/360. In case we fail to pay the interest on time, compound interest will be imposed from the next day.

4. Payment of Interest 

  The interest will be paid monthly at the 20th day of each month. 

----

(2)  Loan in Foreign Currency

  N/A

V. Repayment Plan We will repay the principal of the loan according to the following schedule: Date: 16 February 2007, Amount: RMB 10,000,000.00 yuan

VI. This letter shall come into effect once it is signed by the legal representative (or authorized representative) of us and stamped with our company. This letter is an appendix and an integral part to the Agreement. This letter is irrevocable. We will perform our obligations strictly in accordance with the Agreement and its appendix. Please review and approve our application.

VII. This letter has three counterparts.

Applicant: Shenzhen BAK Battery Co., Ltd. (stamped) Legal Representative(person in charge): Xiangqian Li (signed) Date: 17 August 2006

After examination, we approved the aboveapplication. Shenzhen Branch, China Construction Bank (stamped) Personin charge or authorized representative:(signature):           /s/          Date: 17 August 2006

2

----
(9 Misc. Rep. 212.)

#### BLAKE v. McNAMARA.

(City Court of New York, General Term.

June 20, 1894.)

Replevin—Estoppel to Deny Recitals oe Undertaking.

Where an undertaking given by defendant for the return of the property recites that plaintiff had taken it from defendant’s possession, he-is estopped to deny that he had possession of the property at the commencement of the action, or from showing that it was different property.

Appeal from trial term.

Replevin by Phoebe Blake against Florence McNamara. There was a judgment in favor of defendant, and plaintiff appeals.

Reversed.

Argued before NEWBURGER and OONLAN, JJ.

Kohn, Ruck & Lippman, for appellant.

George A. McDermott, for respondent.

*677NEWBURGER, J.

This is an action in replevin to recover possession of certain personal property. The complaint alleges that the defendant wrongfully took and also wrongfully retained possession of the said chattels, and the answer denied each and every allegation of the complaint. Upon the property being taken by the sheriff, the defendant gave an undertaking to prevent the delivery of the chattels under section 1704 of the Code, and the property was returned to defendant. The case came on for trial, and a verdict was rendered in favor of the defendant, and from the judgment entered thereon, and from the order denying the motion for a new trial, this appeal is taken.

On the trial of the action, the trial justice charged the jury, subject to plaintiff’s objection and exception, that the jury must find that the property must have been in the possession of the de fendant. We think the trial justice thus erred in his statement of the law governing the case. The defendant gave an undertaking which prevented a delivery of the property by the sheriff as required by the requisition. He is therefore precluded by the recitals in the undertaking from denying that the property was in his possession. In an aciion to recover the possession of personal property, when the defendant gives an undertaking for the return of the property, admitting therein that plaintiff has taken the property described in his affidavit and requisition from defendant’s possession, he is estopped from denying that he had possession of the property, or any part thereof, at the commencement of the action, or from showing that it was different or other property; he is concluded by the recitals in the undertaking. Martin v. Gilbert, 119 N. Y. 298, 23 N. E. 813, and 24 N. E. 460. The judgment appealed from must, therefore, be reversed, and a new trial granted, with costs to appellant to abide event.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                                    3-MOS
<FISCAL-YEAR-END>                          SEP-30-2001
<PERIOD-START>                             OCT-01-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                      98,634,000
<SECURITIES>                                45,424,000
<RECEIVABLES>                               25,731,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                           176,551,000
<PP&E>                                      24,422,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             212,085,000
<CURRENT-LIABILITIES>                       80,066,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               212,085,000
<SALES>                                     62,104,000
<TOTAL-REVENUES>                            62,104,000
<CGS>                                       23,613,000
<TOTAL-COSTS>                               23,613,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,000
<INCOME-PRETAX>                             16,841,000
<INCOME-TAX>                                 5,979,000
<INCOME-CONTINUING>                         10,862,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                10,862,000
<EPS-BASIC>                                       0.49
<EPS-DILUTED>                                     0.48


</TABLE>
Exhibit 13
 
 **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 on Form 20-F of Enodis plc (the Company) dated December 17, 2004 filed with the Securities and Exchange Commission on the date hereof (the Report), I, David S. McCulloch, Chief Executive 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) 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.
 
 
 /s/ David S. McCulloch
 David S. McCulloch
 Chief Executive Officer
 December 21, 2004
 
 
 **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 on Form 20-F of Enodis plc (the Company) dated December 17, 2004 filed with the Securities and Exchange Commission on the date hereof (the Report), I, W. David Wrench, 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) 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.
 
 
 /s/ W. David Wrench
 W. David Wrench
 Chief Financial Officer
 December 21, 2004
IN THE MISSOURI COURT OF APPEALS

MARCH 18, 2014

 WESTERN DISTRICT

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 84.16(b)

AND ISSUED PER CURIAM

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

None

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 30.25(b)

AND ISSUED PER CURIAM

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

WD75451 State of Missouri vs. William Othel Lane

WD75862 State of Missouri vs. Steven T. Pyykola
IIB 

111TH CONGRESS 

2D SESSION H. R. 5702 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2010 

Received 

DECEMBER 22, 2010 

Read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the District of Columbia Home Rule Act to reduce 

the waiting period for holding special elections to fill 

vacancies in local offices in the District of Columbia. 

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


tjames on DSKG8SOYB1PROD with BILLS
2 

HR 5702 RFS

1 SECTION 1. TIMING OF SPECIAL ELECTIONS FOR LOCAL 

2 OFFICE IN DISTRICT OF COLUMBIA. 

3 (a) COUNCIL.— 

4 (1) CHAIRMAN.—Section 401(b)(3) of the Dis5 trict of Columbia Home Rule Act (sec. 1– 

6 204.01(b)(3), D.C. Official Code) is amended by 

7 striking ‘‘one hundred and fourteen days’’ and in8 serting ‘‘seventy days’’. 

9 (2) MEMBERS ELECTED FROM WARDS.—Section 

10 401(d)(1) of such Act (sec. 1–204.01(d)(1), D.C. 

11 Official Code) is amended by striking ‘‘one hundred 

12 and fourteen days’’ and inserting ‘‘seventy days’’. 

13 (3) MEMBERS ELECTED AT LARGE.—Section 

14 401(d)(2) of such Act (sec. 1–204.01(d)(2), D.C. 

15 Official Code) is amended by striking ‘‘one hundred 

16 and fourteen days’’ and inserting ‘‘seventy days’’. 

17 (b) MAYOR.—Section 421(c)(2) of such Act (sec. 1— 

18 204.21(c)(2), D.C. Official Code) is amended by striking 

19 ‘‘one hundred and fourteen days’’ and inserting ‘‘seventy 

20 days’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 subsections (a) and (b) shall apply with respect to vacanVerDate Mar 15 2010 04:07 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5702.RFS H5702

tjames on DSKG8SOYB1PROD with BILLS
3 

HR 5702 RFS

1 cies occurring on or after the date of the enactment of 

2 this Act. 

Passed the House of Representatives November 16, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


tjames on DSKG8SOYB1PROD with BILLS
EXHIBIT 23.1


            CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


     We have issued our report dated March 17, 2004, accompanying the
financial statements included in the Annual Report of Trycera Financial,
Inc. (formerly Whitelight Technologies, Inc.) on Form 10-KSB/A-1 for the
year ended December 31, 2003.  We hereby consent to the incorporation by
reference of said report in the Registration Statement of Trycera
Financial, Inc. on Form S-2/A-1 (File No. 333-121651).

/s/ Chisholm Bierwolf & Nilson, LLC

CHISHOLM, BIERWOLF & NILSON, LLC

Bountiful, Utah
February 25, 2005
---

Exhibit 99.2

Summary of Guaranty Contract of Maximum Amount ( the “Contract”)

Enteredinto by and between BAK International (Tianjin) Limited (the “Guarantor”)and Shenzhen Caitian Branch,
Bank of Communications (the “Creditor”) onJune 28, 2010

Main contents:

- Guaranty Contract number: 4431702010B100000400;
- Bak International (Tianjin) Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards Bank of Communications under the Comprehensive Credit Facility
Agreement of Maximum Amount (reference no.: 4431702010LE00000400) from June 28, 2010 to June 28, 2011, and the maximum amount secured is RMB 50 million.
- Guaranty Responsibility: The guaranty under this Contract shall be
      guaranty with joint and several liabilities. The guarantor is obligated to
      pay off the debt in the event the obligor is unable to pay off the debt
      (including the creditor declares the debt becomes mature in advance to its
      original expiry date due to default of the obligor or the guarantor).
- Scope of Guaranty:The guaranty shall cover all of the loan principal, interest, penalty interest, breach of contract compensation, damages, undertaking fee and all the expenses such as litigation cost, lawyer’s fee,
notification cost and public notice cost etc. which is incurred to the Creditor in realizing its creditor’s right.
- Guaranty period: The guaranty period is from the effective date of this Contract to two years after the expiry of the term of the Credit Facility Agreement and relevant agreement entered into under the Credit Facility Agreement.

Headlines of the articles omitted:

- Payment on demand
- Declaration and guaranty of the Guarantor
- Obligations of the Guarantor
- Agreement of Bank Sequestrate Deposits
- Disputation settlement
- Supplement articles

---
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  Date:  April      11, 2008 |   |
|--------------------------------------------|--------|
|                                       |   |
|  /s/      Bryan Kenyon                |   |
|  Bryan      Kenyon                    |   |
|  Chief      Financial Officer         |   |
---

Exhibit 32.1

Certification Pursuant to18 U.S.C. Section 1350 as
Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Garuda Capital Corp.
(the Company) on Form 10-KSB for the period ended June 30, 2006, as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Robin Relph, Chief Executive Officer and Chief Financial 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 information contained in the Report fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act of 1934 except that it does not include the Company's financial
      statements for the year ended June 30, 2006 as Garuda has not yet received
      an audit report for the financial statements for this period;
and
|- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|  |                                                                                                                                                                                                                                                                                                                                                                           
|2 | the Company intends to file an amended 10-KSB to include
      its financial statements for the year ended June 30, 2006 and the audit
      report once they are ready.                                                                                                                                                                                                  

By:

/s/ Robin Relph

Robin RelphChief Executive Officer and Chief Financial
Officer

November 14, 2006

---
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 this Amendment No. 1 to the Annual Report of Q.E.P. Co., Inc. (the Company) on Form 10-K for the year ending February 28,
2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Marc P. Applebaum, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) |  | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
| | --- |  | --------------------------------------------------------------------------------------------------------------------



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



|                                                                   
|-------------------------------------------------------------------
|/s/    MARC P. APPLEBAUM                                           
|Marc P. Applebaum Senior Vice President and Chief Financial Officer



June
25, 2003



A signed original of this written statement required by Section 906
has been provided to Q.E.P. Co., Inc. and will be retained by Q.E.P. Co., Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
exv10w2






Exhibit 10.2




Comfort Letter



To: China Construction Bank Zhonghsan Branch (“CCB ZH”)
Whereas the Kalex Circuit Board (China) Ltd’s (the “Company”) wholly owned subsidiary Kalex
Multi-Layer Circuit Board (Zhongshan) Co., Ltd (“Kalex ZS”) is applying for loan facility from
CCB ZS, the Company hereby irrevocably guarantees as follows:



1. The Company shall provide guaranty for Kalex ZS on the loan facility application and will be
severally liable for all debts arising from using such loan.



2. During the term of loan, the Company will not provide any real properties registered under
the name of the Company in Zhongshan as collaterals to any other financial institution, neither
will dispose such real properties in other ways.




Kalex Circuit Board (China) Ltd




Authorized representative signature



/s/
Ricky Ng
#### In the Matter of Sephora K. Davis, Appellant, v Joan S. Kohout, as Acting Livingston County Court Judge, et al., Respondents.

Submitted February 5, 2007;

decided March 27, 2007

*904On the Court’s own motion, appeal dismissed, without costs, upon the ground that the issues presented have become moot. Motion for leave to appeal dismissed upon the ground that the issues presented have become moot.
<PAGE>   1
                                                                      EXHIBIT 11


                           EAGLE USA AIRFREIGHT, INC.
                        COMPUTATION OF PER SHARE EARNINGS
                                   (UNAUDITED)
              (IN THOUSANDS, EXCEPT PER SHARE AND FOOTNOTE AMOUNTS)

<TABLE>
<CAPTION>
                                                                   THREE MONTHS ENDED
                                                                      DECEMBER 31,
                                                                 1998             1997
                                                               --------         --------

<S>                                                            <C>              <C>     
         Net income                                            $  7,748         $  5,890

         Shares used in basic calculation:
           Weighted average shares outstanding                   18,787           18,259
                                                               --------         --------
                  Total basic shares                             18,787           18,259

         Additional shares for diluted computation:
            Effect of stock options (1)                             383              790
                                                               --------         --------
                  Total diluted shares                           19,170           19,049
                                                               ========         ========

         Basic earnings per share                              $   0.41         $   0.32
                                                               ========         ========

         Diluted earnings per share                            $   0.40         $   0.31
                                                               ========         ========
</TABLE>

-------------
(1)      For the three months ended December 31, 1998, calculated assuming
         exercise of options for 3,175,879 shares of common stock at prices
         ranging from $1.25 to $35.13 per share and assumed repurchase of shares
         at the average market price per share of $16.90 computed as of the
         beginning of the period using the treasury stock method. For the three
         months ended December 31, 1997, calculated assuming exercise of options
         for 2,093,830 shares of common stock at prices ranging from $1.25 to
         $35.13 per share and assumed repurchase of shares at the average market
         price per share of $30.53 as of the beginning of the period using the
         treasury stock method.