alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment to Deposit Account Agreement



 EXHIBIT 10.1 

AMENDMENT TO DEPOSIT ACCOUNT AGREEMENT 

THIS AMENDMENT TO DEPOSIT ACCOUNT AGREEMENT (this “Amendment”) is made as of the
13th day of November, 2008 by and between The Bank of New
York Mellon, in its capacity as trustee of the
CurrencySharesSM Australian Dollar Trust, a trust formed
under New York law (the “Trust”) and the London Branch of JPMorgan Chase Bank, N.A. (the “Bank”). 

W I T N E S S E T H 

WHEREAS, The Trust and the Bank are parties to that certain Deposit Account Agreement dated June 8, 2006 (the
“Agreement”); and 
 WHEREAS, the parties desire to amend the Agreement on the terms and conditions set
forth below. 
 NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto agree
as follows: 
 1. Definitions. All capitalized terms not otherwise defined herein shall have the meanings ascribed
thereto in the Agreement. 
 2. Amendment. Section 6.4 of the Agreement is hereby amended to read as follows:

 “The Bank reserves the right not to accept, and to return without interest to the remitter of funds, the amounts
received for deposit to the Interest Account on any Bank business day, if the aggregate deposit liability of the Bank to the Trust following the deposit of such amounts would exceed the Australian Dollar equivalent of $1.5 BILLION U.S. Dollars
calculated at the Australian Dollar/U.S. dollar exchange rate as determined by WM/Reuters at 4:00 PM (London time) on each Bank business day (the “Closing Spot Rate”) or another recognized market rate for the Australian Dollar if
the Closing Spot Rate is not available on the bank day such deposits are received by the Bank.” 
 3. Counterparts.
This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one and the same instrument. 

4. Other. In the event of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this
Amendment shall control. All other terms and conditions of the Agreement shall remain in full force and effect. 
 [Signature
Page Follows] 







 IN WITNESS WHEREOF, the undersigned have signed and delivered this Amendment as of the date
hereof. 
  

			
	CURRENCYSHARES AUSTRALIAN DOLLAR TRUST,
		
	By:	 	The Bank of New York, in its capacity as Trustee of the CurrencyShares Australian DollarTrust and not in its individual capacity.
		
	By:	 	/s/ Andrew Pfeifer
	Name:	 	Andrew Pfeifer
	Title:	 	Vice President
	
	JPMORGAN CHASE BANK, N.A., LONDON BRANCH
		
	By:	 	/s/ Michael G. Davisson
	Name:	 	Michael G. Davisson
	Title:	 	Vice President
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 the Interior

###### Bureau of Indian Affairs 

# AGENCY:

Bureau of Indian Affairs, Interior.

# ACTION:

Notice of Approved Tribal-State Compact Extension.

# SUMMARY:

                        Pursuant to Section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Pub. L. 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish, in the                         **Federal Register**                        , notice of approved Tribal-State Compacts for the purpose of engaging in Class III gaming activities on Indian lands. The Assistant Secretary—Indian Affairs, Department of the Interior, through his delegated authority, has approved the Tribal-State Compact Extension Between the Tunica-Biloxi Tribe of Louisiana and the State of Louisiana, which was executed on November 9, 2000.                     

# DATES:

This action is effective upon date of publication. 

# FOR FURTHER INFORMATION CONTACT:

George T. Skibine, Director, Office of Indian Gaming Management, Bureau of Indian Affairs, Washington, DC 20240, (202) 219-4066.

Dated: December 27, 2000. 

Kevin Gover, 

Assistant Secretary—Indian Affairs.

[FR Doc. 01-1262 Filed 1-16-01; 8:45 am] 

BILLING CODE 4310-02-P
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 181 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 181

To amend title 13, United States Code, to provide that the penalty for 
  refusing or neglecting to answer a decennial census question shall 
 apply only to the extent necessary to allow the Government to obtain 
   the information needed for its enumeration of the population, as 
   required by the Constitution of the United States, as well as the 
 enumeration of its citizen and noncitizen populations, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

  Mr. Hunter introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
To amend title 13, United States Code, to provide that the penalty for 
  refusing or neglecting to answer a decennial census question shall 
 apply only to the extent necessary to allow the Government to obtain 
   the information needed for its enumeration of the population, as 
   required by the Constitution of the United States, as well as the 
 enumeration of its citizen and noncitizen populations, and for other 
                               purposes.

    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 ``Authorizing Moderated Enumeration 
Responses Including Citizenship Acquisition Act'' or the ``AMERICA 
Act''.

SEC. 2. LIMITED APPLICABILITY OF CENSUS PENALTY PROVISION.

    (a) In General.--Section 221 of title 13, United States Code, is 
amended by adding at the end the following:
    ``(d)(1) The penalty under subsection (a) shall not apply to any 
individual who refuses or neglects to answer any question in a 
questionnaire, schedule, or the survey commonly referred to as the 
`American Community Survey' used in connection with any decennial 
census, except to the extent necessary to allow the Government to 
obtain the information needed for the enumeration of--
            ``(A) the population, as required by the Constitution of 
        the United States; and
            ``(B) citizen and noncitizen populations.
    ``(2) For purposes of this subsection, only questions included on a 
decennial census short form regarding enumeration of the household and 
citizenship status shall be considered necessary to permit such an 
enumeration.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to all schedules used in connection with any 
decennial census of population, beginning with the 2020 decennial 
census, including those returned before the date of enactment of this 
Act.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-6550

TRAVIS L. WATSON,

Plaintiff - Appellant,

v.

JOHN DOE #1, Doctor/Practitioner; JOHN DOE #2, Medical Staffer; CAPTAIN J. 

L. ROLLINS; MICHELLE VASILEESO; JOHN DOE #3; CHARLOTTE EVANS; 

NURSE MANAGER OLSON; SERGEANT REVERA; CORRECTIONAL 

OFFICER COMBS; JOHN DOE #4; JOHN DOE #5; WARDEN EDDIE THOMAS,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at 

Greensboro. Loretta C. Biggs, District Judge. (1:19-cv-01043-LCB-LPA)

Submitted: July 30, 2021 Decided: August 31, 2021

Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Travis L. Watson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Travis L. Watson seeks to appeal the district court’s order dismissing some claims 

in Watson’s 42 U.S.C. § 1983 complaint and transferring his remaining claims to the 

district court for the Eastern District of North Carolina. The transferred claims were 

dismissed without prejudice after Watson moved to voluntarily dismiss his case. This court 

may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory 

and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. 

Loan Corp., 337 U.S. 541, 545-46 (1949). The order Watson seeks to appeal is neither a 

final order nor an appealable interlocutory or collateral order. Moreover, Watson is “not 

entitled to appeal from a consensual dismissal of [his] claim.” See Keena v. Groupon, Inc., 

886 F.3d 360, 365 (4th Cir. 2018). Accordingly, although we grant Watson’s motion to 

amend his informal brief, we dismiss the appeal for lack of jurisdiction. We dispense with 

oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

DISMISSED
Exhibit 32.1




Certification
of Chief Executive Officer and Chief Financial Officer 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 of NIVS IntelliMedia Technology Group, Inc.
(the “Company”) on Form 10-Q/A for the quarter ending June 30, 2008 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), each of the undersigned, in the capacities and on the date indicated
below, 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 his
knowledge:




(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.




/s/
      Tianfu LiTianfu
      LiChairman
      of the Board and Chief Executive Officer(Principal
      Executive Officer)March
      9, 2009/s/
      Simon ZhangSimon
      ZhangInterim
      Chief Financial Officer(Principal
      Financial and Accounting Officer)March
      9, 2009




The
foregoing certification is being furnished solely pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and is not filed with the Securities and
Exchange Commission as part of the Form 10-Q/A or as a separate disclosure
document and is not incorporated by reference into any filing of NIVS
IntelliMedia Technology Group, Inc. under the Securities Act of 1933, as
amended, or the Securities Exchange Act of 1934, as amended, irrespective of any
general incorporation language contained in such filing. A signed original of
this 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.
**Exhibit 4.39**

 

**Madeira Energia S.A. – Share Purchase Agreement**

 

Madeira Energia S.A. (‘Mesa’) is a special-purpose company formed to hold the concession for construction and operation of the Santo Antônio Hydroelectric Project, on the Madeira River, in the municipality of Porto Velho, in the state of Rondônia, in the North of Brazil, with installed generation capacity of 3,150.4 MW. Works on the project began in 2008. Cemig GT owns 10% of the equity of this company.

 

On March 11, 2014, the investment fund *Fundo de Investimento em Participações Melbourne* – ‘FIP Melbourne’, in which Cemig GT is a unit holder, represented by Banco Modal S.A., as purchaser, signed a share purchase agreement with Andrade Gutierrez Participações S.A. (‘AGP’) as vendor, for acquisition, subject to certain conditions being complied with, of 83% (eighty three per cent) of the total equity and 49% (forty nine  per cent) of the voting stock of SAAG Investimentos S.A. (“SAAG”). By the completion date of the transaction (“the Closing Date”), SAAG will own 12.4% (twelve point four per cent) of Madeira Energia S.A. (‘Mesa’).  The transaction was the subject of a decision by the Board of Directors of Cemig GT on March 6, 2014.

 

The acquisition will be structured through Equity Investment Funds (‘FIPs’), and other vehicles, in which Cemig GT will have minority stockholdings. Thus Cemig will not have more than 50% of the voting stock in any vehicle, and no more than 50% of the net asset value of any of the FIPs, thus preserving the private-sector nature of the structure.

 

The price of this acquisition will be R$ 835,384,911 (eight hundred thirty five million three hundred eighty four thousand nine hundred and eleven Reais), which will undergo monetary adjustment by the IPCA (Amplified National Consumer Price) Index from December 31, 2013 up to the Closing Date, augmented by any capital injections made by AGP into SAAG up to the Closing Date, less any dividends declared by SAAG to AGP up to the Closing date.

 

Conclusion of the transaction is subject to other conditions precedent, including approvals by the Brazilian monopolies authority (*Conselho Administrativo de Defesa Econômica*, or Cade) and the Brazilian electricity regulator, Aneel.

 

----
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund  27  LLC  (the "Company") on Form 10-Q for the period  ended
June  30,  2009,  as  filed  with  the  Securities  and  Exchange
Commission  on  the date hereof (the "Report"), the  undersigned,
Robert  P.  Johnson, President of AEI Fund Management XXI,  Inc.,
the  Managing Member of the Company, and Patrick W. Keene,  Chief
Financial Officer of AEI Fund Management XXI, Inc., each certify,
pursuant  to  18 U.S.C. 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.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              August 11, 2009



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing Member
                              August 11, 2009
EXHIBIT 5

FREDRIKSON & BYRON, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402
Telephone: (612) 347-7000
Facsimile: (612) 347-7077

April 28, 2004

DTLL, Inc.
701 Xenia Avenue South
Suite 130
Golden Valley, MN 55416

Re:   Registration Statement on Form S-8

Ladies/Gentlemen:

We
are acting as corporate counsel to DTLL, Inc. (the Company) in
connection with the original registration by the Company on Form S-8 (the
Registration Statement) under the Securities Act of 1933, as amended
(the Act), of options and 550,000 shares (the Shares) of
Common Stock issuable pursuant to the Companys 1998 Stock Option Plan (the
Plan).

In
acting as such counsel and for the purpose of rendering this opinion, we have
reviewed copies of the following, as presented to us by the Company:

|1. |  | The Companys Articles of Incorporation, as amended.
|-- |  | ----------------------------------------------------

|2. |  | The Companys Bylaws, as amended.
|-- |  | ---------------------------------

|3. |  | Certain corporate resolutions adopted by the Board of Directors and shareholders
of the Company pertaining to the adoption and approval of the Plan.
|-- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

|4. |  | The Plan.
|-- |  | ---------

|5. |  | The Registration Statement.
|-- |  | ---------------------------

Based
on, and subject to, the foregoing and upon representations and information
provided by the Company or its officers or directors, it is our opinion as of
this date that:

---

|1. |  | The Shares are validly authorized by the Companys Articles of
Incorporation, as amended.
|-- |  | -----------------------------------------------------------------------------------------

|2. |  | Upon issuance and delivery of the Shares against receipt by the Company of the
consideration for the Shares pursuant to the terms of the Plan, the Shares will
be validly issued, fully paid and nonassessable.
|-- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

We
hereby consent to the filing of this opinion as an exhibit to the Registration Statement.

Very truly yours,FREDRIKSON & BYRON, P.A.
By    /s/   Barbara Muller
         Barbara Muller

---
#### Marine Midland Bank, N. A., Appellant, v Idar Gem Distributors, Inc. et al., Respondents.

Order insofar as appealed from unanimously reversed on the law without costs and plaintiff’s motion granted, in accordance with the following memorandum: Plaintiff seeks to recover the amount due under a promissory note executed by defendant, Idar Gem Distributors, Inc. and guaranteed by defendant Moufarrege, and to recover certain assets of the corporation which were pledged as security for the debt. The answer of the corpora*526tion contained merely general denials and summary judgment was properly granted as to it. However, Special Term erred in denying plaintiffs motion for summary judgment against the individual defendant, Moufarrege. Moufarrege asserted two affirmative defenses: one alleged that defendant was fraudulently induced to sign the personal guarantee and the second alleged that defendant was unaware that he was signing a personal guarantee. Defendant’s unsubstantiated allegations and mere conclusions, containing no specific factual recitation, will not defeat a motion for summary judgment *(Poluliah v Fidelity High Income Fund,*102 AD2d 720, 722).

The first affirmative defense, which alleges that Moufarrege was fraudulently induced to sign the personal guarantee, merely asserts that he was not told that the personal guarantee was among the documents he was asked to sign. He does not assert that the bank loan officer represented to him that he would not be personally liable on the guarantee. A false representation as to a material fact is necessary to sustain a claim for fraud *(Brown v Lockwood,*76 AD2d 721, 730; 24 NY Jur, Fraud and Deceit, § 14). Inasmuch as the claim of fraudulent inducement is unsupported by any factual recitation, it is insufficient to defeat plaintiffs motion for summary judgment *(see, Poluliah v Fidelity High Income Fund, supra,*at 722).

The second affirmative defense is insufficient as a matter of law. A party to a writing is presumed to have read and understood the document which he signed *(Maross Constr. v Central N. Y. Regional Transp. Auth.,*107 AD2d 1010, 1012, *revd on other grounds*66 NY2d 341; *Ginsberg v Fairfield-Noble Corp.,*81 AD2d 318, 321-322). Moufarrege’s allegation that he signed a document clearly captioned "Unlimited Continuing Guaranty” without understanding the character of the document is wholly insufficient to establish a legal defense *(see, Sterling Natl. Bank & Trust Co. v I. S. A. Merchandising Corp.,*91 AD2d 571, 572). (Appeal from order of Supreme Court, Monroe County, Conway, J. — summary judgment.) Present — Dillon, P. J., Denman, Green, Balio and Davis, JJ.
I 

116TH CONGRESS 

1ST SESSION H. R. 2040 

To amend the Internal Revenue Code of 1986 to make fuel cells using 

electromechanical processes eligible for the energy tax credit. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2019 

Mr. PANETTA (for himself, Mr. STIVERS, Ms. ESHOO, Mr. WENSTRUP, Ms. 

SPEIER, and Mrs. WALORSKI) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

fuel cells using electromechanical processes eligible for 

the energy tax credit. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Energy Produc5 tion Parity Act of 2019’’. 


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2 

•HR 2040 IH

1 SEC. 2. FUEL CELLS USING ELECTROMECHANICAL PROC2 ESSES MADE ELIGIBLE FOR THE ENERGY TAX 

3 CREDIT. 

4 (a) IN GENERAL.—Section 48(c)(1) of the Internal 

5 Revenue Code of 1986 is amended— 

6 (1) in subparagraph (A)(i), by inserting ‘‘or 

7 electromechanical’’ after ‘‘electrochemical’’, and 

8 (2) in subparagraph (C)— 

9 (A) by inserting ‘‘, or linear generator as10 sembly,’’ after ‘‘a fuel cell stack assembly’’, and 

11 (B) by inserting ‘‘or electromechanical’’ 

12 after ‘‘electrochemical’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to periods after the date of the 

15 enactment of this Act under rules similar to the rules of 

16 section 48(m) of the Internal Revenue Code of 1986 (as 

17 in effect on the day before the date of the enactment of 

18 the Revenue Reconciliation Act of 1990). 

Æ 


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