alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
fex10viii_covenant.htm


    Exhibit 10.8

     

    
 

    AMENDMENT
TO SHARE CANCELLATION AND LOAN AGREEMENT

     

                THIS
AMENDMENT TO THE SHARE CANCELLATION AND LOAN AGREEMENT dated as of December 24,
2009, by and between Covenant Group Holdings Inc. ("CGH") and Gary Sidhu
("Sidhu") (the “Amendment”).

     

                The
parties acknowledge that pursuant to the referenced agreement, CGH was the maker
of a note (the “Note”) payable to Sidhu in the principal amount of $190,000 of
which $90,000 of the principal amount was paid down to Sidhu by CGH following
the Note’s execution.  Accordingly, $100,000 in principal amount of
the Note remains due and outstanding.  The agreement also permits
Sidhu to keep a share certificate in Sidhu’s record name reflecting 500,000
shares of Covenant Group of China Inc. (formerly known as Everest Resources
Corp.) common stock (the “Common Stock”) as collateral for the
Note.  The Note is due and payable on March 24, 2010.

     

    In
consideration for Sidhu’s cancellation of the Note, particularly the remaining
$100,000 due and outstanding, Sidhu agrees to return the collateral or the above
referenced share certificate, and CGH and Covenant Group of China Inc. shall
cancel such share certificate and have re-issued a new share certificate
representing 300,000 shares of unregistered common stock of Covenant Group of
China Inc. in the record name of Sidhu or his designee, which shall be the
consideration by CGH to Sidhu for this Amendment.

     

                This
Amendment shall be governed under Pennsylvania law without regard to its choice
of law rules and may be executed in counterparts.

     

    IN
WITNESS WHEREOF, the parties hereto have duly executed and delivered this
Amendment of the date first above written.

     

     

    
      	 	 	COVENANT
      GROUP HOLDIINGS INC.
	 	 	 
	 	By:	/s/ Kenneth
      Wong
	 	 	 
	 	 	Kenneth Wong, its
      President
	 	 	 
	 	 	 
	 	 	COVENANT
      GROUP OF CHINA INC.
	 	 	 
	 	By:	/s/ Kenneth
      Wong
	 	 	 
	 	 	Kenneth Wong , its
      President
	 	 	 
	 	 	GARY
      SIDHU
	 	 	 
	 	By:	/s/ Gary
      Sidhu
Electronically Filed Intermediate Court of Appeals CAAP-17-0000372 18-MAY-2018 08:03 AM
1993

Committee on Rules of Practice and Procedure 

Robert E. Keeton, Chairman 

Thomas E. Baker 

William Bertelsman 

Frank H. Easterbrook 

T. S. Ellis, III 

Alan W. Perry 

Edwin J. Peterson 

George C. Pratt 

Dolores K. Sloviter 

Alicemarie H. Stotler 

Alan C. Sundberg 

William R. Wilson 

Charles Alan Wright 

Daniel R. Coquillette, Reporter 

Advisory Committee on Appellate Rules

Kenneth F. Ripple, Chairman 

Danny J. Boggs 

Donald F. Froeb 

Cynthia H. Hall 

E. Grady Jolly 

James K. Logan 

Arthur A. McGiverin 

Luther Munford 

Stephen F. Williams 

Carol Ann Mooney, Reporter 

Advisory Committee on Bankruptcy Rules

Edward Leavy, Chairman 

James J. Barta 

Alice Batchelder 

Adrian Duplantier 

Kenneth N. Klee 

Ralph R. Mabey 

Paul Mannes 

Joseph L. McGlynn, Jr. 

James W. Meyers 

Herbert P. Minkel, Jr. 

Harold L. Murphy 

Gerald K. Smith 
Henry J. Sommer 

Charles Tabb 

Alan N. Resnick, Reporter 

Advisory Committee on Civil Rules

Sam C. Pointer, Jr. Chairman 

Wayne D. Brazil 

David Doty 

Carol J. Hansen Fines 

Francis H. Fox 

Richard W. Holmes 

Mark Kasanin 

Stewart Newblatt 

Paul V. Niemeyer 

Mark A. Nordenberg 

Anthony Scirica 

Phillip A. Wittman 

Edward H. Cooper, Reporter 

Advisory Committee on Criminal Rules

Wm. Terrell Hodges, Chairman 

G. Waugh Crigler 

Sam Crow 

W. Eugene Davis 

John Doar 

D. Lowell Jensen 

Tom Karas 

Rikki J. Klieman 

Edward F. Marek 

George M. Marovich 

Joseph H. Rodriguez 

Stephen A. Saltzburg 

David A. Schlueter, Reporter 

Advisory Committee on Evidence Rules

Ralph K. Winter, Chairman 

Wayne D. Brazil 

Kenneth S. Broun 

Harold G. Clarke 

Gregory P. Joseph 

John M. Kobayashi 

James K. Robinson 

Stephen Saltzburg 
Milton I. Shadur 

Fern M. Smith 

Jerry E. Smith 

James T. Turner 

Margaret A. Berger, Reporter
<PAGE>
EXHIBIT 32(1)

                Written Statement of the Chief Executive Officer
                            of CNA Surety Corporation
                       Pursuant to 18 U.S.C. Section 1350
          (As adopted by Section 906 of the Sarbanes-Oxley Act of 2002)

The undersigned, the Chief Executive Officer of CNA Surety Corporation (the
"Company"), hereby certifies that, to his knowledge:

     -    The Company's Quarterly Report on Form 10-Q for the quarter ended
          September 30, 2005 filed on the date hereof with the Securities and
          Exchange Commission (the Report) fully complies with the requirements
          of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

     -    The information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.

Dated: October 31, 2005


/s/ John F. Welch
-------------------------------------
John F. Welch
President and Chief Executive Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.


                                       39
<PAGE>

                                                                    EXHIBIT 21.1

                   SUBSIDIARIES OF ORION POWER HOLDINGS, INC.



Orion Power Capital, LLC
Orion Power MidWest LP, LLC
Orion Power MidWest, L.P.
Twelvepole Creek, LLC
Orion Power New York LP, LLC.
Orion Power New York, L.P.
Astoria Generating Company, L.P.
Erie Boulevard Hydropower, L.P.
Orion Power Development Company, Inc.
Liberty Member, LLC
Liberty MidAtlantic, LLC
Liberty Electric PA, LLC
Liberty Electric Power, LLC
Orion Power MidWest GP, Inc.
Orion Power New York GP, Inc.
Carr Street Generating Station, L.P.
Orion Power New York GP II, Inc.
Orion Power Operating Services, Inc.
Orion Power Marketing and Supply, Inc.
Orion Power Operating Services Midwest, Inc.
Orion Power Operating Services Astoria, inc.
Orion Power Operating Services Coldwater, Inc.
Orion Power Operating Services Carr Street, Inc.
OPOS MidAtlantic, Inc.
OPD Group, Inc.
Beaver River, LLC
Grane Creek, LLC
Free State Electric, LLC
Orion Power Atlantic, Inc.
Orion Power Atlantic, LLC
Orion Power Atlantic, Ltd.
Midwest Ash Disposal, Inc.
MidAtlantic Library, LLC
Eddystone Power, LLC
Exhibit 31.1

CERTIFICATION PURSUANT TO RULE 13A-14 OF THE SECURITIES EXCHANGE ACT OF 1934, AS
ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Jingan Wang, certify that:

1. I have reviewed the small business issuer's Annual Report on Form 10-KSB for
the fiscal year ended December 31, 2004 (this "report");

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officers and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer 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 small business issuer, including its
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 small business issuer's disclosure
controls and procedures and presented in this 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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting;

5. The small business issuer's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: June 17, 2005


By: /s/ Jingan Wang
 -------------------------------
Jingan Wang
Chief Executive Officer
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1035** 

INTERNATIONAL WASTE INDUSTRIES CORPORATION , Plaintiff

– Appellant ,

v. CAPE ENVIRONMENTAL MANAGEMENT, INC. , Defendant

- Appellee
.

Appeal from the United States District Court for the District of Maryland , at Greenbelt
. Alexander Williams, Jr. , District Judge. ( 8:12

- cv - 03596

- AW )

Submitted : August 28, 2014 Decided: September 18, 2014

Before KEENAN and FLOYD , Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

A. P. Pishevar, PISHEVAR & ASSOCIATES, P.C., Rockville, Maryland, for Appellant. Maurice A. Bellan, MCGUIREWOODS LLP, Washington, D.C.; Craig R. Haughton, MCGUIREWOODS LLP, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: International Waste Industries, Inc., app eals from the district court ’ s order granting summary judgment in favor of Cape Environmental Manag ement , Inc., in its action in which International Waste alleged claims for breach of contract, unjust enrichment, quantum meruit, detrimental reliance, and intentional misrepresentation. We have reviewed the record and the briefs filed by the parties, and we find no reversible error. Accordingly, we affirm for the reasons stated by the district court. International Waste Indus., Inc. v. Cape Env tl
. Mgmt. Inc. , No. 8:12

- cv - 03596

- AW (D. Md. Dec. 19, 2014) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before
th is court and argument would not aid the decisional process.

AFFIRMED
T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N NO. 03-15-00321- CV In re Wendy Diane Dutra ORI GINAL P ROCEEDI NG F ROM WI LLIAM SO N COUNTY

M E M O R A N D U M O P I N I O N The pe tition for writ of mandamus is denied. See Tex. R. App. P . 52.8(a) .

__________________________________________ Melissa Goodwin, Jus tice Be fore Chief J ustice Rose, Jus tices Goodwin a nd Field Filed: June 12, 2015
EXHIBIT 32CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the annual report of Caneum, Inc. (the “Company”) on Form 10-KSB for theyear ended December 31, 2005, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), the undersigned principal executive officer and principal financial officerof the Company, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.Date: March 31, 2006/s/ Sukhbir Singh Mudan
#### The People of the State of New York, Respondent, v Maria De La Cruz, Also Known as Mary Delabruce, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered June 5, 1985, convicting her of criminal sale of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Thompson, J. P., Eiber, Spatt and Balletta, JJ., concur.
#### Saunders v. Conklin & Halsey.

Appeal from Colbert Circuit Court.

Tried before the Hon. Thos. R. Roulhao.

W. P. and W. L. Oi-iitwood, for appellant.

J. T. Kiri-c, for appellees.

Opinion by

McClellan, C. J.

This was an action brought by the appellees against the appellant to recover for goods, wares and merchandise alleged to have been sold by the plaintiffs to the defendant. There was a judgment for the plaintiffs and the defendant appeals.

On the trial of the case the defendant moved to suppress the deposition of one Conklin, on the ground that when the deposition ivas received by the clerk of the circuit court, the envelope in which it was inclosed was entirely open at one end. This motion was overruled, and the defendant duly excepted. On this appeal, it is held, that said ruling of the court was not erroneous, it being stated that while the law requires a commissioner taking a deposition to seal up the deposition, &c., there is a *prima fació*presumption that he performs this duty, and this presumption is not rebutted by the fact that when the deposition reached the clerk of the court through the mails, the envelope is opened at the ends, as if it had been torn in transit. It is further stated that while the law contemplates that the deposition should be sealed when it reaches the clerk and so remain until opened by the order of the court, the accidental wearing out or breaking of the envelope while in the mails is no ground for suppressing the deposition.

The judgment of the circuit court is affirmed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Administration for Children and Families

Notice is hereby given that I delegate to the Assistant Secretary for Children and Families, with authority to redelegate to the Director, Office of Refugee Resettlement, which may be further redelegated, the following authority vested in the Secretary under section 412(b)(3) of the Immigration and Nationality Act (INA) 8 U.S.C. 1522(b)(3).

(a) Authority Delegated. Authority, under section 412(b)(3) of the Immigration and Nationality Act (INA), to make arrangements for the temporary care of refugees in the United States in emergency circumstances, including the establishment of processing centers, if necessary, without regard to such provisions of law (other than the Renegotiation Act of 1951 and § 414(b) of the INA) regulating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government.

(b) Effect on Existing Delegations. None.

(c) This delegation is limited to providing for the temporary care, including medical screening, of approximately 1,150 Burmese and Chinese asylum applicants on Guam awaiting adjudication of their asylum claims by the Immigration and Naturalization Service.

                    (d) This delegation shall be exercised under the Department's existing delegation of authority and policy on regulations. This delegation of authority is effective upon date of signature.                          ( print page 20661)    

In addition, I hereby, affirm and ratify any actions taken by the Assistant Secretary or any other official of the Administration for Children and Families that, in effect, involved the exercise of these authorities prior to the effective date of these delegations.

Dated: April 18, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01-10141  Filed 4-23-01; 8:45 am]

BILLING CODE 4184-01-M
#### UNITED STATES of America v. Oscar TREVINO.

Crim. No. 72-C-19.

United States District Court, S. D. Texas, Corpus Christi Division.

June 19, 1972.

Ellis C. McCullough, Asst. U. S. Atty., Houston, Tex., for plaintiff.

Charles N. Cartwright, Corpus Christi, Tex., for defendant.

ORDER

OWEN D. COX, District Judge.

The .indictment herein charges Defendant Oscar Trevino, a Postal employee, in Count One, with, on or about January 21, 1972, at Alice, Texas, unlawfully stealing, abstracting and removing a First Class letter which had theretofore been entrusted to him and had come into his possession, intended to be conveyed by mail, in violation of 18 U. S.C. § 1709; and, in Count Two, with, on or about the same date and in the same city, committing a similar offense, but the letters involved carried different addressees at different addresses and different return addresses than those in Count One. There are no allegations which indicate whether the letters were taken at the same time or at different times.

The Defendant has filed a motion demanding that there be an election at the time of trial as to which particular offense the government will prosecute, contending that under the indictment as it presently reads that he will be prosecuted and, if convicted on both counts, punished twice for the same offense.

There are no Fifth Circuit eases directly in point. A similar case is Warner v. United States, 168 F.2d 765 (5 Cir. 1948), which involved the theft of three mailbags under the provisions of a different statute than that with which this Defendant is charged with violating. Nevertheless, the situation in *Warner*is sufficiently similar to be convincing *133authority in this case. The Court in *Warner*says, “It is true that in the first three counts the date of the offenses was alleged to be ‘on or about’ the 4th day of September, 1944; but this is not sufficient to warrant the inference of a simultaneous asportation of the three mailbags.”

This Court is satisfied that no election is required at this time. In the event that the evidence as presented by the government is such that the facts fit the case of Smith v. United States, 211 F.2d 957 (6 Cir., 1954), the Defendant will be granted the opportunity to be heard on this motion again at that time.

The motion of the Defendant for an election at the time of trial is denied.
[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Page 20977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10322]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-312-052]


Tennessee Gas Pipeline Company; Notice of Errata Filing

April 20, 2001.
    Take notice that on April 17, 2001, Tennessee Gas Pipeline Company 
(Tennessee), tendered for filing an Errata Letter Filing in the above-
referenced docket.
    Tennessee states that the Errata Letter Filing contains a complete 
copy of a Gas Transportation Agreement between Tennessee and Virginia 
Power Energy Marketing, Inc. (VEPCO) pursuant to Tennessee's Rate 
Schedule FT-A (FT-A Service Agreement). Tennessee further states that 
the copy of the FT-A Service Agreement that was filed on April 11, 2001 
in this docket inadvertently omitted certain pages of the agreement.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Sec. 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed in 
accordance with Sec. 154.210 of the Commission's Regulations. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make protestants parties to 
the proceedings. Copies of this filing are on file with the Commission 
and are available for public inspection in the Public Reference Room. 
This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). Comments, protests and 
interventions may be filed electronically via the internet in lieu of 
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the 
Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-10322 Filed 4-25-01; 8:45 am]
BILLING CODE 6717-01-M
EXHIBIT 32.1
                           SECTION 1350 CERTIFICATION

                            CERTIFICATION PURSUANT TO
                 13 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the quarterly report of Enviro Voraxial Technology,
Inc. (the "Company") on Form 10-QSB for the period ended March 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Alberto DiBella, Chief Executive Officer and Principal Financial Officer of
the Company, certify, pursuant to 13 U.S.C. ss. 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.



January 31, 2008



/s/ Alberto DiBella
-------------------
Alberto DiBella
Chief Executive Officer and Principal Financial Officer