alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit10.9


 


HD PARTNERS ACQUISITION
CORPORATION


 


                      ,
200   


 


Value Investments, LLC


2601 Ocean Park Boulevard


Suite 320


Santa Monica, California
90405


 


Gentlemen:


 


This letter will confirm
our agreement that, commencing on the effective date (“Effective Date”) of the
registration statement for the initial public offering (“IPO”) of the
securities of HD Partners Acquisition Corporation (“HD”) and continuing until
the earlier of the consummation by HD of a “Business Combination” or HD’s liquidation
(as described in HD’s IPO prospectus) (the “Termination Date”), Value
Investments, LLC shall make available to HD certain office space, utilities,
administrative, technology and secretarial services as may be required by HD
from time to time, situated at 2601 Ocean Park Boulevard, Suite 320, Santa
Monica, California 90405.  In exchange
therefor, HD shall pay Value Investments, LLC up to $7,500 per month on the
Effective Date and continuing monthly thereafter until the Termination Date.


 


 


	
   

  	
  Very truly yours,

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  HD PARTNERS ACQUISITION CORPORATION

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
   

  
	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
  Title:

  
	
   

  	
   

  
	
  AGREED TO AND ACCEPTED BY:

  	
   

  
	
   

  	
   

  
	
  VALUE INVESTMENTS, LLC

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
   

  
	
   

  	
  Name:

  	
   

  
	
   

  	
  Title:
**Exhibit31.2**

 

I, Ellis C. Goebel certifythat:

 

1.                       I havereviewed this quarterly report on Form 10-Q of Building Materials HoldingCorporation (“Registrant”);

 

2.                       Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

 

3.                       Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the Registrant as of, andfor, the periods presented in this quarterly report;

 

4.                       TheRegistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the Registrant and we have:

 

(a)   designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the Registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;

 

(b)   evaluatedthe effectiveness of the Registrant’s disclosure controls and procedures, as ofthe end of the period covered by this report and presented in this quarterlyreport our conclusions about the effectiveness of the disclosure controls andprocedures based on such evaluation; and

 

(c)   disclosedin this quarterly report any change in the Registrant’s internal control overfinancial reporting that occurred during the Registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the Registrant’s internal control over financial reporting.

 

5.                       TheRegistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theRegistrant’s auditors

 

1

----

 

and the auditcommittee of Registrant’s board of directors (or persons performing theequivalent functions):

 

(a)  all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the Registrant’sability to record, process, summarize and report financial information; and

 

(b)  any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theRegistrant’s internal control over financial reporting.

 

 
| Date: September 23,  2003       |
|--------------------------------------|
|                                 |
| /s/ Ellis C. Goebel                  |   |
| Ellis C. Goebel                      |
| Senior Vice President – Finance |
| (Principal Financial Officer)        |

 

2

----
Case 1:07-cv-05804-GEL Document 39-4 Filed 06/06/2008 Page 1 of 5
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<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       2,345,000
<SECURITIES>                                         0
<RECEIVABLES>                               55,189,000
<ALLOWANCES>                                 1,484,000
<INVENTORY>                                  1,409,000
<CURRENT-ASSETS>                            62,439,000
<PP&E>                                     406,885,000
<DEPRECIATION>                              13,916,000
<TOTAL-ASSETS>                             478,372,000
<CURRENT-LIABILITIES>                       63,978,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       127,000
<OTHER-SE>                                 160,550,000
<TOTAL-LIABILITY-AND-EQUITY>               478,372,000
<SALES>                                    391,571,000
<TOTAL-REVENUES>                           391,571,000
<CGS>                                      339,079,000
<TOTAL-COSTS>                              370,668,000
<OTHER-EXPENSES>                               180,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           6,533,000
<INCOME-PRETAX>                             14,190,000
<INCOME-TAX>                                 2,169,000
<INCOME-CONTINUING>                         12,021,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                582,000
<CHANGES>                                            0
<NET-INCOME>                                11,439,000
<EPS-BASIC>                                       1.25
<EPS-DILUTED>                                     1.22


</TABLE>
#                                                                         Navy Exchange Service Command’s Second Micro Market@Sea is Underway                                                                    

##### by Navy Exchange Service Command Public Affairs

11 January 2024
The Micro Market@Sea, a new quality of service concept by the Navy Exchange Service Command (NEXCOM), is now underway onboard the USS Dwight D. Eisenhower (CVN 69). Only the second of its kind, the mission of this self-service facility is to provide Sailors with 24/7 convenience and access to food, beverages and health & wellness items.“Our Micro Market offers convenience and accessibility to the men and women aboard this ship with the goal to drive up morale and mission readiness,” said Scott Gray, Vice President, NEXCOM’s Ships Store Program. “This new operation provides our Sailors with access to over 200 food, beverage and toiletry items. The functional ability for this store is to remain open 24 hours a day/seven days a week, giving the crew increased opportunity to grab a bite to eat or even a boost of vitamin C in between odd hours and duty.”

The 600 square foot Micro Market@Sea operation utilizes a self-checkout register. To checkout, Sailors insert their CAC cards, scan the items for purchase and pay with their Navy Cash Card. Like a ship’s store, profits generated from sales will to back to the USS Dwight D. Eisenhower to support its MWR program.

NEXCOM’s Ships Store Program launched the first Micro Market@Sea concept onboard the USS San Antonio (LPD 19) in November 2020. Worldwide, there are currently 77 NEX Micro Market ashore operations, located in Navy hospitals, aircraft hangars, office spaces and shipyards.                                                                       

Terms:
**All Navy Categories**Capabilities and Communities
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<PAGE>
                                                                   EXHIBIT 10.19

                  ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE

ECM HUTCHINSON, LLC, ECM CLEARWEST, LLC, NEWTON, LLC, ECM ST. JOSEPH, LLC,
         ECM BROADWAY, LLC AND ECM OLIVE, LLC, COLLECTIVELY, AS SELLER
                                       AND
                             SERIES B, LLC, AS BUYER

      ASSIGNOR, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, does hereby assign all of its right, title and
interest in that certain Agreement of Purchase and Sale described herein, but
only as it relates to the purchase of the real property described below, to
ASSIGNEE and its successors and assigns. The Agreement of Purchase and Sale is
described as follows:

      DATE OF AGREEMENT: June 17, 2005, as amended July 20, 2005 and August 26,
                         2005

      ORIGINAL BUYER:    Series B, LLC

      ASSIGNED TO:       Cole WG Olivette MO, LLC

      PROPERTY ADDRESS:  9395 Olive Boulevard, Olivette, MO 63132

      ASSIGNOR acknowledges that it is not released from any and all obligations
or liabilities under said Agreement of Purchase and Sale with the exception of
the earnest money deposit which is currently in escrow.

      ASSIGNEE hereby agrees to assume and be responsible for all obligations
and liabilities under said Agreement of Purchase and Sale as it relates to the
real property described above. This Assignment shall be in full force and effect
upon its full execution.

      Executed this 15th day of November, 2005.

ASSIGNOR:                                          ASSIGNEE:

SERIES B, LLC                               COLE WG OLIVETTE MO, LLC

                                            By:  Cole REIT Advisors II, LLC
By:     /S/  John M. Pons                        its Manager
    ---------------------------------
    John M. Pons
Its: Authorized Officer

                                                 By: /S/  John M. Pons
                                                     ---------------------------
                                                     John M. Pons
                                                     Senior Vice President
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                            7912
<INT-BEARING-DEPOSITS>                            1724
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      30010
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         282756
<ALLOWANCE>                                       2100
<TOTAL-ASSETS>                                  333745
<DEPOSITS>                                      200470
<SHORT-TERM>                                     50700
<LIABILITIES-OTHER>                               1103
<LONG-TERM>                                      11413
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            49
<OTHER-SE>                                       70010
<TOTAL-LIABILITIES-AND-EQUITY>                  333745
<INTEREST-LOAN>                                  12299
<INTEREST-INVEST>                                  966
<INTEREST-OTHER>                                    87
<INTEREST-TOTAL>                                 13352
<INTEREST-DEPOSIT>                                3921
<INTEREST-EXPENSE>                                5579
<INTEREST-INCOME-NET>                             7773
<LOAN-LOSSES>                                      355
<SECURITIES-GAINS>                                (13)
<EXPENSE-OTHER>                                   3894
<INCOME-PRETAX>                                   3746
<INCOME-PRE-EXTRAORDINARY>                        3746
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      2507
<EPS-BASIC>                                       0.54
<EPS-DILUTED>                                     0.54
<YIELD-ACTUAL>                                    8.64
<LOANS-NON>                                       3864
<LOANS-PAST>                                       474
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  2056
<CHARGE-OFFS>                                      311
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                 2100
<ALLOWANCE-DOMESTIC>                              2100
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Case 1:07-cv-05295-AKH Document 50-2 Filed 12/06/2007 Page 1 of 2
Case 1:07-cv-05295-AKH Document 50-2 Filed 12/06/2007 Page 2 of 2
**Exhibit32.1**

** **

**Certification Pursuant to 18U.S.C. 1350, as Adopted Pursuant Section 906 of theSarbanes-Oxley Act of 2002**

** **

** **

**I, James R. Oyler, certify,pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Form 10-K of Evans & SutherlandComputer Corporation for the fiscal year ended December 31, 2005, fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that information contained in such Form 10-K fairlypresents, in all material respects, the financial condition and results ofoperations of Evans & Sutherland Computer Corporation.**

** **
| **Date: March 31, 2006** | **By:**    | **/s/ James R. Oyler** | ** **                  |
|--------------------------|------------|------------------------|-----------------------------|
| ** **               | ** ** | ** **             | **James R. Oyler**          |
| ** **               | ** ** | ** **             | **Chief Executive Officer** |
|                          |            |                        |                             |  |

** **

**I, Lance Sessions, certify,pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Form 10-K of Evans & SutherlandComputer Corporation for the fiscal year ended December 31, 2005, fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that information contained in such Form 10-Kfairly presents, in all material respects, the financial condition and resultsof operations of Evans & Sutherland Computer Corporation.**

** **
| **Date: March 31, 2006** | **By:**    | **/s/ Lance Sessions** | ** **                         |
|--------------------------|------------|------------------------|------------------------------------|
| ** **               | ** ** | ** **             | **Lance Sessions**                 |
| ** **               | ** ** | ** **             | **Acting Chief Financial Officer** |
| ** **               | ** ** | ** **             |
|                          |            |                        |                                    |  |

** **

** **

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

 

----
Case 1:07-cv-05305-AKH Document 10 Filed 09/18/2007 Page 1 of 2
Case 1:07-cv-05305-AKH Document 10 Filed 09/18/2007 Page 2 of 2
Exhibit
32.1





CERTIFICATION
OF FORM 10-Q REPORT OF




KL
ENERGY CORPORATION




FOR
THE PERIOD ENDED MARCH 31, 2010




The
undersigned hereby certifies, for the purposes of Section 1350 of Chapter 63 of
Title 18 of the United States Code, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in his capacity as an officer of KL Energy
Corporation (“KL”), that to his knowledge:




1.
              This Form 10-Q 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 such
      10-Q Report fairly presents, in all material respects, the financial
      condition and results of operations of
  KL.


This
written statement is being furnished to the Securities and Exchange Commission
as an exhibit to the 10-Q Report. A signed original of this statement has been
provided to KL and will be retained by KL and furnished to the Securities and
Exchange Commission or its staff upon request.





This
Certification is executed as of May 14, 2010.





/s/  PETER
      GROSSPeter
      GrossPresident
      and Chief Executive
Officer
THE STATE OF SOUTH C AROLINA In The Supreme Court

Rent -A- Center East, Inc., and Rent Way, Inc., Petitioners,

v.
South Carolina Department of Revenue, Respondent.

Appellate Case No. 2019

- 000670

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal f rom the Administrative Law Court Harold W. Funderburk Jr., Administrative Law Judge

Opinion No. 27946 Heard February 12, 2020 – Filed February 19, 2020

DISMISSED AS IMPROVIDENTLY GRANTED

John C. v on Lehe Jr. and Bryson M. Geer, both of Nelson Mullins Riley & Scarborough, LLP
, of Charleston , for Petitioner s.

Sean G. Ryan and Jason P. Luther, both of South Carolina Department of Revenue
, for Respondent

.

PER CURIAM : We issued a writ of certiorari to review the court of appeals' decision in Rent -A-C enter E ast , Inc. v. S outh Carolina Department of Revenue
, 4 25 S.C. 582 , 824 S.E.2d 217 (Ct. App. 2019). We now dismiss the writ asimprovidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED

. BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                           1,984
<INT-BEARING-DEPOSITS>                           5,446
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     17,899
<INVESTMENTS-CARRYING>                           5,423
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        311,758
<ALLOWANCE>                                      2,618
<TOTAL-ASSETS>                                 359,636
<DEPOSITS>                                     142,695
<SHORT-TERM>                                   158,499
<LIABILITIES-OTHER>                              5,307
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           626
<OTHER-SE>                                      52,509
<TOTAL-LIABILITIES-AND-EQUITY>                 359,636
<INTEREST-LOAN>                                 12,338
<INTEREST-INVEST>                                  570
<INTEREST-OTHER>                                   506
<INTEREST-TOTAL>                                13,414
<INTEREST-DEPOSIT>                               3,320
<INTEREST-EXPENSE>                               7,961
<INTEREST-INCOME-NET>                            5,454
<LOAN-LOSSES>                                       96
<SECURITIES-GAINS>                                  59
<EXPENSE-OTHER>                                  3,556
<INCOME-PRETAX>                                  2,760
<INCOME-PRE-EXTRAORDINARY>                       1,761
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,761
<EPS-BASIC>                                       0.41
<EPS-DILUTED>                                     0.40
<YIELD-ACTUAL>                                    3.28
<LOANS-NON>                                      6,094
<LOANS-PAST>                                     6,094
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,520
<CHARGE-OFFS>                                        2
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                2,618
<ALLOWANCE-DOMESTIC>                             2,618
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
**Exhibit32.2**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with theAnnual Report of Investools Inc. (the “Company”) on Form 10-K for the yearended December 31, 2006, as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Ida K. Kane, certify, pursuant to 18U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that, the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany and that the Report fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934.
|        |   | /s/ IDA K. KANE    |   |
|--------|--------|-------------------------|--------|
|   |   | Ida K. Kane             |
|   |   | Chief Financial Officer |
|   |   | March 16, 2007     |

 

----