alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1







SECOND AMENDMENT TO THE


ADMINISTRATION AGREEMENT


 BY AND BETWEEN


GSC INVESTMENT CORP.


AND


GSCP (NJ), L.P.







Amendment made this  31st day of March 2010 by and between GSC Investment Corp., a  Maryland corporation (the “Company’) and GSCP (NJ), L.P., a Delaware limited partnership (the “Administrator”).







WHEREAS, the Company and the Administrator have renewed the Administration Agreement dated as of March 21, 2007 (the “Agreement”) for a term of one year, from March 22, 2010 until March 21, 2011; and







WHEREAS the Company and the Administrator have determined that the notice period for termination of the Administrator during the renewal term should be shortened from 60 days’ to 30 days;







NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the parties hereby agree as follows:







Amendment to Termination Provisions.  Section 7(b) of the Agreement is hereby amended by replacing the phrase “upon 60 days’ written notice to the other party” with the phrase “upon 30 days’ written notice to the Administrator, in the case of termination by the Company, or 60 days’ written notice to the Company, in the case of termination by the Administrator”.







Reference to and Effect on the Agreement.  (a) Upon the effectiveness of this Amendment (i) each reference in the Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Agreement as amended or otherwise modified hereby, and (ii) each reference to the Agreement in any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Agreement as amended or otherwise modified hereby.


 


(b)           Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed.


 


Governing Law.  This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York.


 




  





  











  











IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed on the date hereof.


 



 



	
GSC INVESTMENT CORP.

	 
	 	 
	 	 	 	 
	By:	
 /s/ Seth Katzenstein

	 
	 	Name: 	
Seth Katzenstein

	 
	 	Title: 	
Chief Executive Officer and President

	 





 


 



 



	

GSCP (NJ), L.P.



	 
	 	 
	By:	
GSCP (NJ), Inc., its general partner

	 
	 	 	 	 
	 	 	 	 
	By:	

 /s/ Eric Rubenfeld



	 
	 	Name: 	

Eric Rubenfeld



	 
	 	Title: 	

Senior Managing Director, General Counsel and Secretary
#### Sri ENDANG; Herman Suhendra, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-72228.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 28, 2011.

Gihan L. Thomas, Esquire, Law Offices of Gihan L. Thomas, Los Angeles, CA, for Petitioners.

OIL, M. Jocelyn Lopez Wright, DOJ— U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief *717Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Sri Endang and Herman Suhendra, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) orders upholding an immigration judge’s denial of their claims for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law and for substantial evidence factual findings. *Husyev v. Mukasey,*528 F.3d 1172, 1177 (9th Cir.2008). We deny the petition for review.

We lack jurisdiction to consider En-dang’s claim for humanitarian relief because she did not raise this issue to the BIA. *See Barron v. Ashcroft,*358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction over claims not presented below). She does not otherwise challenge the agency’s denial of asylum.

With respect to Endang, substantial evidence supports the agency’s determination that she was not credible given her inconsistent statements regarding whether she was raped. *See Pal v. INS,*204 F.3d 935, 938 (9th Cir.2000). Endang’s contention that the agency failed to provide an opportunity to explain perceived inconsistencies in her testimony about the alleged rape is belied by the record. Accordingly, in the absence of credible testimony, Endang’s claim for withholding of removal fails.

With respect to Suhendra, substantial evidence supports the agency’s determination that he failed to carry his burden of proof that he suffered past persecution. *See Wakkary v. Holder,*558 F.3d 1049, 1059-60 (9th Cir.2009) (beatings and robberies of petitioner and harms to petitioner’s associates that were not part of a pattern of persecution closely tied to petitioner did not compel a finding of past persecution). As Suhendra has not established past persecution, he is not entitled to a presumption of future persecution, *see*8 C.F.R. § 1208.16(b)(l)(i), and he does not otherwise contend he has shown a clear probability of persecution. Accordingly, we deny the petition as to Suhendra’s withholding of removal claim.

Finally, substantial evidence supports the agency’s denial of CAT relief as to both petitioners because they failed to establish it is more likely than not they would be tortured if removed to Indonesia. *See Wakkary,*558 F.3d at 1067-68.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Mariann Berliner, Respondent, v Ira Berliner, Appellant. (And Another Action.)

Submitted November 13, 2006;

decided January 16, 2007

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine *840the action within the meaning of the Constitution. Motion for a stay dismissed as academic.
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
 
 In connection with the report of Mass Megawatts Wind Power, Inc. (the "Company") on Form 10-K A for the year ending April 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jonathan Ricker, Chief Executive Officer and Chief Financial Officer of the Company, certify to the best of my knowledge, 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 result of operations of the Company.
 
 /s/ Jonathan RickerJonathan RickerChairman,  Chief Executive Officer, Chief Financial Officer and Principal Accounting Officer
 
 October 29, 2010
#### Kenneth WARD, Plaintiff-Appellant, v. Lucien LeCLAIRE, Jr., Acting Commissioner, Thomas G. Eagen, Director of Central Office Review Committee, Lawrence Sears, Superintendent, Franklin Correctional Facility, J.D. Demars, Deputy Superintendent of Programs, R. Boyea, IGP Supervisor, Glenn Goord, DOCS Commissioner, M. Dutil, Correctional Officer, Brian Fischer, Commissioner, K. Habeck, Deputy Superintendent of Administration, T. Dumas, Registered Nurse, D.A. Rock, Deputy Superintendent of Security, Defendants-Appellees, Richard Savage, Superintendent, Gowanda Correctional Facility, J. Melendez, Deputy Superintendent of Programs, Linda Janish, Boyce, R. Mahoney, Deputy Superintendent of Administration, Waldmiller, Correctional Officer, Riggtione, Correctional Officer, Hessel, Correctional Officer, Defendants.

No. 10-1519-pr.

United States Court of Appeals, Second Circuit.

June 28, 2011.

Kenneth Ward, pro se, Rochester, NY, for Appellant.

Kate H. Nepveu, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief,), for Eric T. Sehneiderman, Attorney General of the State of New York, Albany, NY, for Appellee.

Present: RICHARD C. WESLEY, DEBRA ANN LIVINGSTON, GERARD E. LYNCH, Circuit Judges.

*57Plaintiff-appellant Kenneth Ward, *pro se,*appeals from an order of the United States District Court for the Northern District of New York (Suddaby, *J.),*which denied defendants’ motion for summary judgment with regard to Ward’s Eighth Amendment conditions-of-confinement claim against defendant Dutil, but granted defendants’ motion for summary judgment with regard to all of Ward’s other claims. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.

Upon review, we have determined that we lack appellate jurisdiction over Ward’s appeal. An order granting partial summary judgment like the one Ward challenges in this appeal is not a final order for purposes of 28 U.S.C. § 1291. *See Petrello v. White,*538 F.3d 110, 113-14 (2d Cir. 2008); *Geneva Pharm. Tech. Corp. v. Barr Labs. Inc.,*386 F.3d 485, 494-95 (2d Cir. 2004). Nor did the district court expressly enter a partial final judgment for any of the dismissed claims or parties pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. *See Petrello,*533 F.3d at 113. Moreover, no other basis for appellate jurisdiction has been demonstrated. *See*28 U.S.C. § 1292(a), (b); *see also Whiting v. Lacara,*187 F.3d 317, 319-20 (2d Cir. 1999).

For the foregoing reasons, the appeal is hereby DISMISSED for lack of appellate jurisdiction.
The State of TexasAppellee



# Fourth Court of Appeals **San Antonio, Texas**

November 21, 2013

N o. 04

- 12

- 00749

- CR , 04

- 12

- 0075 0

- CR, 04

- 12

- 00751

- CR

Kwaku AGYIN

, Appellant

v. The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR10947 , 2012CR0469, 2011CR10948 Honorable Lori I. Valenzuela, Judge Presiding



### ORDER

Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Patricia O. Alvarez, Justice

The panel has considered the Appellant’s Motion for Rehearing, and the motion is DENIED.

_________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of November, 2013

.

___________________________________ Keith E. Hottle Clerk of Court
Exhibit 10.2


 


EXECUTION COPY


 


Recharge Acquisition Corp.

1900 Main
Street, Suite 201

Sarasota, Florida 34236


 


SKG Sponsor LLC

1900 Main Street, Suite 201

Sarasota,
Florida 34236


 


	 	Re:	Amendment to Promissory Note


 


Ladies and Gentlemen:


 


Reference is hereby made to
that certain Promissory Note, dated as of July 7, 2020 (the “Note”), by Recharge Acquisition Corp., a Delaware
corporation (“Maker”), to the order of SKG Sponsor LLC, a Delaware limited liability company (“Payee”).


 


For good and valuable consideration,
the receipt and sufficient of which are hereby acknowledged, Maker and Payee hereby agree to amend the Note, effective as of October 5,
2020, as follows:


 


	 	1.	“Principal. The entire unpaid principal balance of Note shall be payable on the earlier of: (i) Maker’s initial business combination or (ii) Maker’s liquidation, if Maker fails to consummate an initial business combination within the time period required by its amended and restated certificate of incorporation. The principal balance may be prepaid at any time. Under no circumstances shall any individual, including but not limited to any officer, director, employee or shareholder of the Maker, be obligated personally for any obligations or liabilities of the Maker hereunder.”


 


Except as expressly amended
hereby, the provisions of the Note remain in full force and effect, on the terms and subject to the conditions set forth therein. This
letter agreement does not constitute, directly or by implication, an amendment or waiver of any provision of the Note, or any other right,
remedy, power or privilege of any party to the Note, except as expressly set forth herein. The terms of this letter agreement shall be
governed by and construed in a manner consistent with the provisions of the Note.


 


{Remainder of page intentionally left blank;
signature page follows}


 


Please acknowledge your agreement
and acceptance to the foregoing by signing below and returning it to the undersigned at your earliest convenience.


 


	 	Very truly yours,
	 	 
	 	 
	 	RECHARGE ACQUISITION CORP.
	 	 
	 	 
	 	By: 	/s/ Michael Gearhardt
	 	Name: Michael Gearhardt
	 	Title: Chief Financial Officer


 


Accepted and agreed, effective as of the date first set forth
above:


 


	SKG SPONSOR LLC	 
	 	 
	By: 	/s/ Michael Gearhardt	 
	Name: Michael Gearhardt	 
	Title: Chief Financial Officer	 




 


{Signature Page to SKG Note Amendment}
# C_2021421EN.01000801.xml

| 18.10.2021 | EN | Official Journal of the European Union | C 421/8 |
| --- | --- | --- | --- |

18.10.2021

EN

Official Journal of the European Union

C 421/8

---

Notice to economic operators

New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products

(2021/C 421/07)

Economic operators are informed that the Commission has received requests in accordance with the administrative arrangements foreseen in the Commission Communication concerning autonomous tariff suspensions and quotas (2011/C 363/02) (1) for the July round of 2022.

The list of the products for which a duty suspension is requested is now available on the Commission’s thematic (Europa) website on the customs union (2).

Economic operators are also informed that the deadline for objections against new requests to reach the Commission, via the national administrations, is 15 December 2021 which is the date of the second scheduled meeting of the Economic Tariff Questions Group.

Interested operators are advised to consult the list regularly in order to be informed on the status as the requests.

More information on the autonomous tariff suspension procedure can be found on the Europa website:

Suspensions (Autonomous Tariff Suspensions) (europa.eu)

---

(1)  OJ C 363, 13.12.2011, p. 6.

(2)  http://ec.europa.eu/taxation_customs/dds2/susp/susp_home.jsp?Lang=en

---
Exhibit 15.1


**PricewaterhouseCoopers
      SA**
      Avenue
      Giuseppe-Motta 50
      Case
      postale 2895
      1211
      Genève 2
      Telephone
      +41 22 748 51 11
      Fax
      +41 22 748 51 15




**Consent
of Independent Registered Public Accounting Firm**





We hereby
consent to the incorporation by reference in the Registration Statement on Form
S-8 of Serono S.A. (SEC File No. 333-12480) of our reports dated January
31, 2005 relating to the consolidated financial statements and financial
statement schedule, which appear in this Form 20-F.





PricewaterhouseCoopers
S.A.








/s/ M.
Aked         /s/ H-J. Hofer





M.
Aked   H-J.
Hofer


Geneva,
March 16, 2005
<PAGE>   1
                                                                      EXHIBIT 24


                                POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS:

      WHEREAS, Avaya Inc., a Delaware corporation (hereinafter referred to as
the "Company"), proposes to file with the Securities and Exchange Commission,
under the provisions of the Securities Exchange Act of 1934, as amended, an
Annual Report on Form 10-K for the fiscal year ended September 30, 2000; and

      WHEREAS, the undersigned is a Director (and/or Officer) of the Company, as
indicated below his or her signature:

       NOW, THEREFORE, the undersigned hereby constitutes and appoints Garry K.
McGuire Sr. and Charles D. Peiffer and each of them, as attorneys, with full
power of substitution and resubstitution, for and in the name, place and stead
of the undersigned, and in the capacity of the undersigned as a Director and
Officer of the Company, to execute and file such Form 10-K and any amendments or
supplements thereto, with all exhibits thereto, hereby giving and granting to
said attorneys, and each of them, full power and authority to do and perform
each and every act and thing whatsoever requisite and necessary to be done in
and about the premises, as fully, to all intents and purposes, as the
undersigned might or could do if personally present at the doing thereof, hereby
ratifying and confirming all that said attorneys may or shall lawfully do, or
cause to be done, by virtue hereof.

      IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney
this 15th day of December, 2000.


By:  /s/ Donald K. Peterson                    By:/s/ Henry B. Schacht
     ---------------------------------            ----------------------------
     Name: Donald K. Peterson                     Name: Henry B. Schacht
     Title: Vice Chairman of the Board,           Title: Director
         President and Chief Executive
         Officer

By:  /s/ Jeffrey A. Harris                     By:/s/ Daniel C. Stanzione
     ---------------------------------            -----------------------------
     Name: Jeffrey A. Harris                      Name: Daniel C. Stanzione
     Title: Director                              Title: Director


By:  /s/ Franklin A. Thomas
     --------------------------------
     Name: Franklin A. Thomas
     Title: Director
<PAGE>


                                                                    Exhibit 21.1

                                  SUBSIDIARIES

Company:                                                     Jurisdiction:
Harbor Global II Ltd.                                        Bermuda
HGC Ltd.                                                     Bermuda
HGCL Ltd.                                                    Bermuda
Harbor Far East Exploration, L.L.C.                          Delaware
Pioglobal Forest, L.L.C.                                     Delaware
Pioneer Forest, Inc.                                         Delaware
Closed Joint-Stock Company "Forest-Starma"                   Russia
PREA, Inc.                                                   Delaware
PREA, L.L.C.                                                 Delaware
Pioneer Polish Real Estate Fund                              Poland
Pioneer Real Estate Advisors Poland Sp. z.o.o.               Poland
Pioglobal Goldfields II Limited                              Guernsey
Closed Joint-Stock Company "Pioneer Investments"             Russia
Pioglobal Omega, L.L.C.                                      Delaware
Luscinia, L.L.C.                                             Delaware
Theta Enterprises, L.L.C.                                    Delaware
PIOGLOBAL Investment Fund                                    Russia
Pioneer First Russia, Inc.                                   Delaware
Closed Joint-Stock Company "Pioneer Services"                Russia
Closed Joint-Stock Company "Pioneer First"                   Russia
Closed Joint-Stock Company "Pioneer Securities"              Russia
PIOGlobal Corporation                                        Delaware
FM, LLC                                                      Delaware
Harbor Far East Ventures, L.L.C.                             Delaware
Pioneer Poland UK Limited                                    England
Closed Joint Stock Company "SN-Projekt"                      Russia
Maltica Investments Ltd.                                     Cyprus
Anabasis Enterprises Ltd.                                    Cyprus
Eutychia Ltd.                                                Cyprus
Peperouna Ltd.                                               Cyprus
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-31045 Conference Calendar

ALBERT RONNIE BURRELL; MICHAEL RAY GRAHAM, JR., Plaintiffs-Appellees,

versus TOMMY ADKINS; ET AL., Defendants, TOMMY ADKINS; DAN J. GRADY III; ROBERT LEVY, Defendants-Appellants.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

USDC No. 01-CV-2679

-------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges. PER CURIAM: * The appellants ask this court to overturn a discovery order by the magistrate judge, which was affirmed by the district court, and which allowed discovery to proceed in the underlying case while the appellants’ interlocutory appeal in Burrell v. Adkins , No. 03-30487, was pending. Vacating the challenged discovery order would allow a prior stay of discovery by theNo. 03-31045 -2- district court to remain in effect, pending a final decision by this court in No. 03-30487. The appellees have filed a motion to dismiss this appeal for lack of subject matter jurisdiction. Because we have issued a final decision in Burrell v. Adkins , No. 03-30487 (5th Cir. April 15, 2004), we DISMISS this appeal as MOOT. See City of Erie v. Pap’s A.M. , 529 U.S. 277, 287 (2000); United States Parole Comm’n v. Geraghty , 445 U.S. 388, 395-96 (1980). The appellees’ motion to dismiss the appeal for lack of jurisdiction is, for this reason, GRANTED. APPEAL DISMISSED; MOTION TO DISMISS GRANTED.
#### Kookmin Bank, in Its Own Right and as Assignee of Sun Jin Dia-tools & Equipment Industrial Company Limited, Respondent, v Sexton Dia-tools, Inc., Defendant, and Woori America Bank, Formerly Known as Hanvit America Bank, Appellant.

Submitted January 29, 2007;

decided April 26, 2007

Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to the Court of Appeals, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.