alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
NO. 03-03-00274- CV
Dora Am os and Leo Watson, Appellan ts

v. David Fe rre tti, Car ole F err ett i, and DC Indu stries, Inc., Appellees

F ROM THE DISTRICT CO URT OF WILLI AMSO N COUNTY , 277TH JUDICIAL DISTRICT

NO. 02-1 76- C277, H ONO RAB LE KEN ANDERSON, JUDGE P RESIDING

D I S S E N T I N GO P I N I O N Fe rre tti poses the question: “Given that there was a mutual mist ake ma de with re spect to the l eg al description of t he Georg etown P roper ty , the i ssue became: ‘what to do about it? ’” The parties a g ree and the district c ourt impliedly found the e x istence of

mutual mist ake but the c ourt
never theless g rante d Fe rre tti relief base d on Watson’s alleg ed defa ult unde r the deed of trust. But not just any relief

. Although both W atson and F err etti considere d the transa ction as memorialized
a mis take , a

nd bo th s ou g ht re fo rm a tio n, the c ourt fa sh ion e d, a nd

thi s c ourt e nd or se s, a n unu su a lly harsh r esult. I n withholding the co rr ec t i o n documents, there by failing to convey

the prope rty

he intended to sell, it is clear t h at Fe rre tti ex erc ised his rig ht of ac cele ration, not for the purpose of protec ting his de bt or

prese rving the sec urity , but for the pur pose of c oerc ing Watson into paying the entire de bt or forf

eiting his prope rty .2 For feiture is to be strictly const ru ed
. W h en a f

orfe iture has be en dec lare d in the
mann e r p re sc ri be d b y

the pa rt ie s to the c on tr a c t, onl y the n will the c ourt g ive e ff e c t to the c on tr a c t. F e r r e tt i w a s n o t e n ti tl e d to e n f o r c e th e p r o mi s s o r

y n o te bec ause, inte r a lia , (i) the pr operty tax provisions of the trust deed wer e vag ue, (ii) Fe rre tti waived his claim by failing to timely

forwa rd to Watson t he tax notices he rec eived as require d by law, and ( iii) the acc eler ation provision of the promissory

note did not constitute a clea r and une quivocal waiver of notice by Watson as re quired by law. Fe rre tti was not entitled to enfor ce the promissory note or de ed of trust be cause he had not pe rf or me d h is o wn

ob lig a tio ns un de r t

he re a l e state c on tr a c t. Th e c ourt a wa

rd e d Fe rr e tti a ll pr inc ipa l, int e re st an d co sts un de r t he pr omi sso ry

no te and dee d of trust, and dissolved the injunction ag ainst a foreclosure sale. I n failing to consider the g reat disparity

betwee n what har

m Watson would suffe r and Fe rre tti would g ain by acc eler ation and fo re c los ur e , th e c ourt

fai led t o b a lanc e the e qu iti e s, and F e rr e tti re c e ive d a

n unju st w ind fa ll. I t is
a xiomatic that e qu ity

a bh or s a fo rf e iture a nd wi ll, lik e wi se , avo id a

n unju st w ind fa ll. B e c a

us e thi s forf eiture is not the basis of the barg ain between the parties, and is particular ly harsh a nd unjust, I dis se nt.

J an P. Patterson, J ustice Be fore Chief J ustice L aw, Justi ces Patter son and Pury ear Filed: June 23., 2005
# Official Journal L 248/22 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 248 |
| | |
| English edition | Legislation | Volume 4722 July 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 248

English edition

Legislation

Volume 4722 July 2004

---

| Contents | | II   Acts whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | Commission |
| | * | 2004/554/EC:Commission Decision of 9 July 2004 amending Annex E to Council Directive 91/68/EEC and Annex I to Council Decision 79/542/EEC as regards the updating of the model health certificates relating to ovine and caprine animals
  (notified under document number C(2004) 1926)

   (1) | 1 |
| | * | 2004/555/EC:Commission Decision of 15 July 2004 on the eligibility of expenditure to be incurred by certain Member States in 2004 for the collection and management of the data needed to conduct the common fisheries policy
  (notified under document number C(2004) 2730)
  (Only the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish texts are authentic) | 12 |
| | | European Central Bank |
| | * | 2004/556/EC:Decision of the European Central Bank of 9 July 2004 amending Decision ECB/2003/15 of 28 November 2003 on the approval of the volume of coin issuance in 2004 (ECB/2004/14) | 14 |

Contents

II   Acts whose publication is not obligatory

page

Commission

*

2004/554/EC:Commission Decision of 9 July 2004 amending Annex E to Council Directive 91/68/EEC and Annex I to Council Decision 79/542/EEC as regards the updating of the model health certificates relating to ovine and caprine animals
  (notified under document number C(2004) 1926)

   (1)

(notified under document number C(2004) 1926)

1

*

2004/555/EC:Commission Decision of 15 July 2004 on the eligibility of expenditure to be incurred by certain Member States in 2004 for the collection and management of the data needed to conduct the common fisheries policy
  (notified under document number C(2004) 2730)
  (Only the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish texts are authentic)

(notified under document number C(2004) 2730)

12

European Central Bank

*

2004/556/EC:Decision of the European Central Bank of 9 July 2004 amending Decision ECB/2003/15 of 28 November 2003 on the approval of the volume of coin issuance in 2004 (ECB/2004/14)

(ECB/2004/14)

14

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
EX-4.3




	
	 Exhibit 4.3
  
 






  
 Exhibit 4.3 
H NUMBER COMMON STOCK 
SHARES COMMON STOCK 
FULTON FINANCIAL CORPORATION 
INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA
PAR VALUE $2.50 PER SHARE 
THIS CERTIFIES that SPECIMEN SHARE(S) is the owner of CUSIP 360271 100 of the full-paid and non-assessable common stock of FULTON
FINANCIAL CORPORATION transferable only on the books of the Corporation by the holders hereof in person, or by duly authorized attorney, upon the surrender of this certificate properly endorsed. This certificate is not valid unless countersigned by
the Transfer Agent. 
WITNESS the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. 
Countersigned: FULTON FINANCIAL ADVISORS DIVISION OF FULTON BANK, NATIONAL ASSOCIATION

LANCASTER, PENNSYLVANIA Transfer Agent 
By: Authorized Signature 
Dated SECRETARY CHAIRMAN, PRESIDENT AND CEO 







  
 



 
 FULTON FINANCIAL CORPORATION 
The Corporation will
furnish to any shareholder without charge and upon request, a full or summary statement of (1) the designations, preferences, limitations, and relative rights of the shares of each class of stock authorized to be issued, (2) the variations
in the relative rights and preferences between the shares of each series of Preferred Stock so far as the same have been fixed and determined, and (3) the authority of the Board of Directors to fix and determine the relative rights and
preferences of subsequent series of Preferred Stock. 
Explanation of Abbreviations 
The following abbreviations, when used in the inscription on the face certificate, shall be construed as though they were written out in full according to applicable laws or
regulations: 
Phrase Abbreviation Equivalent Phrase Abbreviation Equivalent

TEN COM –as tenants in common UNIF TRAN MIN ACT– Custodian 
TEN ENT
–husband and wife as tenants (Cust) (Minor) 
by the entireties 
JT TEN
–as joint tenants, with right of under Uniform Transfers of Minors 
survivorship and not as Act 
tenants in common (State) 
Additional abbreviations may also be used though not in the above
list. 
For value received, hereby sell, assign and transfer under 
PLEASE
INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 
PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDED POSTAL ZIP CODE OF ASSIGNEE 
Share of the Capital Stock represented by the within Certificate, and do hereby irrevocably constitute and appoint 
Attorney to transfer for the said stock on the books of the within named Corporation with full power of substitution in the premises. 
Dated, 
Signature (s): 
NOTICE: The signature to this assignment must correspond with the name as written upon the face of the certificate in every particular, without alterations or enlargement or any
change whatever. 
THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS
WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO SEC RULE 17d-15
**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 Quarterly Report of Triangle Petroleum Corporation (the
      "Company") on Form 10-Q for the period ending July 31, 2007, as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Mark
      Gustafson, Principal 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,
      to my
      knowledge 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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Triangle Petroleum Corporation and will be retained by Triangle Petroleum
      Corporation and furnished to the Securities and Exchange Commission or its
      staff
      upon request.





/s/
      MARK GUSTAFSON


Mark
      Gustafson


President
      (Principal Executive Officer)


September
      14, 2007
EX-10.4B



 Exhibit 10.4(b) 

Schedule of Warrants Issued 
 Through May 1, 2013, warrants in the form filed as Exhibit 10.4(a) to this Quarterly Report on Form 10-Q of KiOR, Inc. were issued pursuant to the Loan and Security Agreement dated as of
January 26, 2012 among the Company, KiOR Columbus LLC, 1538731 Alberta Ltd., 1538716 Alberta Ltd. and KFT Trust, Vinod Khosla, Trustee as follows: 
  

													
	 Date Issued
	  	Warrantholder	 	  	Numbers of Underlying Shares	 	  	Exercise Price	 
	 March 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	5,575	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	9,954	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	7,764	  	  	$	11.62	  
	 April 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	3,390	  	  	$	13.15	  
		  	 	1538716 Alberta Ltd.	  	  	 	6,052	  	  	$	13.15	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	4,721	  	  	$	13.15	  
	 May 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	4,581	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	8,180	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	6,381	  	  	$	11.62	  
	 June 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	5,432	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	9,700	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	7,566	  	  	$	11.62	  
	 July 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	5,367	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	9,583	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	7,475	  	  	$	11.62	  
	 August 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	6,347	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	11,333	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	8,840	  	  	$	11.62	  
	 September 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	6,905	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	12,329	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	9,617	  	  	$	11.62	  
	 October 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	5,636	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	10,064	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	7,850	  	  	$	11.62	  
	 November 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	9,373	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	16,736	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	13,054	  	  	$	11.62	  
	 December 1, 2012
	  	 	1538731 Alberta Ltd.	  	  	 	8,658	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	15,460	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	12,059	  	  	$	11.62	  
	 January 1, 2013
	  	 	1538731 Alberta Ltd.	  	  	 	8,672	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	15,485	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	12,078	  	  	$	11.62	  
	 February 1, 2013
	  	 	1538731 Alberta Ltd.	  	  	 	10,206	  	  	$	11.62	  
		  	 	1538716 Alberta Ltd.	  	  	 	18,224	  	  	$	11.62	  
		  	 	KFT Trust, Vinod Khosla, Trustee	  	  	 	14,215	  	  	$	11.62
#### Meyer Helt, Plaintiff, *v.*Britten-Fenton Co., Inc., Defendant.*

Supreme Court, Special Term, Hew York County,

May 21, 1943.

*Walter C. B. Schlesinger*and *Joseph Lewis Simon*for defendant.

*Joseph Kottler*for plaintiff.

*

 See *Sett*v. *Britten-Fenton Co., Inc.,*180 Misc. 1077.

Miller, J.

The plaintiff does not allege that the services performed by him constituted interstate commerce or that he was engaged in. the production of goods for interstate commerce. It is not enough that the *defendant*was engaged in interstate commerce or in the production of goods therefor. *(Stoike*v. *First National Bank of the City of N. Y.,*290 N. Y. 195.) In that case the court said: “ In other words the defendant, as the employer, does not stress the nature of its business. Bather does it place emphasis upon the character of work done by the plaintiff as its employee — thus conforming with the rule that *1077‘ * * * the provisions of the Act expressly make its application dependent upon the character of the employees’ activities.’ *(Kirschbaum Co.*v. *Walling,*316 U. S. 517, 524.) ” Although plaintiff alleges that he was employed in defendant’s business it is quite possible that his activities related solely to intrastate phases of defendant’s business which had no relation to interstate commerce. Paragraph third of the complaint alleges “ that a substantial portion of its (defendant’s) merchandise is shipped to points and places outside the State of New York,” thus implying that *some*of defendant’s merchandise is *not*shipped out of the State. It follows that the motion to dismiss must be granted. It is accordingly unnecessary to consider the other question raised by the defendant.

Motion granted with leave to amend the complaint within ten days from the service of a copy of this order with notice of entry.
STATE v. Byron Jerome PARKER

393P17-1

Supreme Court of North Carolina.

November 21, 2017

Ms. Michele A. Goldman, Attorney at Law, for Parker, Byron Jerome

Mr. Joseph L. Hyde, Assistant Attorney General, Mr. J. Douglas Henderson, District Attorney, for State of North Carolina

The following order has been entered on the motion filed on the 21st of November 2017 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 21st of November 2017."
STATE of North Carolina v. Mark Richard FRANKS

No. COA17-391

Court of Appeals of North Carolina.

Filed: November 7, 2017

NO ERROR IN PART. VACATED IN PART. REMANDED.
# C_2008197EN.01002302.xml

| 2.8.2008 | EN | Official Journal of the European Union | C 197/23 |
| --- | --- | --- | --- |

2.8.2008

EN

Official Journal of the European Union

C 197/23

---

Judgment of the Court of First Instance of 18 June 2008 — Sundholm v Commission

(Case T-164/07 P) (1)

1

(Appeal - Staff case - Officials - Career development report - 2003 appraisal procedure - Rights of the defence - Appeal inadmissible - Appeal unfounded)

(2008/C 197/40)

Language of the case: French

Parties

Appellant: Asa Sundholm (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: C. Berardis-Kayser and D. Martin, Agents, assisted by B. Wägenbauer, lawyer)

Other party to the proceedings:

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) in Case F-30/05 Sundholm v Commission, not yet published in the ECR, seeking to have that judgment set aside.

Sundholm

Commission

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Asa Sundholm to bear her own costs and those incurred by the Commission in the present proceedings. |
| --- | --- |

2.

Orders Asa Sundholm to bear her own costs and those incurred by the Commission in the present proceedings.

---

(1)  OJ C 155, 7.7.2007.

1

---
---

CERTIFICATION OF CHIEF EXECUTIVE
OFFICERPURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, John Curtis, Chief Executive Officer of Greenlite Ventures
Inc. (the Company), hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company, for
      the fiscal quarter ended December 31, 2006, and to which this
      certification is attached as Exhibit 32.1 (the Report) fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act of 1934, as amended; and
| | ---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                              
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                             



| | By:    | /s/ John Curtis        
| | ------ | -----------------------
| |        |                        
| | Name:  | JOHN CURTIS            
| |        |                        
| | Title: | Chief Executive Officer
| |        |                        
| | Date:  | February 12, 2007      



A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 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.

This certification accompanies the Form 10-QSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-QSB), irrespective of any general
incorporation language contained in such filing.

---
Exhibit 32.2



Certification of the Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350



In connection with the filing of the Quarterly Report on Form
10-Q for the period ending June 30, 2012 (the “Report”) by American Eagle Energy Corporation (“Registrant”),
the undersigned hereby certifies that, to the best of his knowledge:



|1. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and                      
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                        
|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|/s/ KIRK A. STINGLEY    |  | 
|----------------------- |  | 
|Kirk A. Stingley        |  | 
|Chief Financial Officer |  | 



Date: August 20, 2012



A signed original of this written statement required by 18 U.S.C.
Section 1350 has been provided to American Eagle Energy Corporation and will be retained by American Eagle Energy Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
In the MATTER OF: P., a minor juvenile,

John L. Blevins, Petitioner v. M.D.P., L.R.C., and L.D.P., minor child, by and through his guardian ad litem, Tamara Lakey, Respondents.

No. COA17-325

Court of Appeals of North Carolina.

Filed: November 7, 2017

AFFIRMED.
----

            DECISION OF THE EEA JOINT COMMITTEE         

No 117/2006

of 22 September 2006         

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Under the heading ‘               ACTS OF WHICH THE CONTRACTING PART IES SHALL TAKE NOTE’                the following point shall be inserted after point 25 (Commission Recommendation 2004/394/EC) of Chapter XV of Annex II to the Agreement:

Article 2

The texts of Recommendation 2006/283/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 23 September 2006, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 22 September 2006.

For the EEA Joint Committee

The President

Oda Helen SLETNES            

----

(1)OJ L 245, 7.9.2006, p. 1.

(2)OJ L 104, 13.4.2006, p. 45.

(*1)  No constitutional requirements indicated.

----