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






Exhibit 10.1




Amendment No. 2 to Agreement for Marketing Services




     This Amendment No. 2 dated as of May 15, 2009 (this “Amendment”) is to the Agreement for
Marketing Services dated January 14, 2008, as amended April 30, 2009 (the “Agreement”) by and
between ALPS Distributors, Inc., a Colorado corporation located at 1290 Broadway, Suite 1100,
Denver, Colorado 80203 (“ALPS”), and GreenHaven Commodity Services, LLC, a Delaware limited
liability company located at 3340 Peachtree Road, Suite 1910, Atlanta, Georgia 30326 (the “Managing
Owner”).



     WHEREAS, ALPS and the Managing Owner wish to amend the Agreement in certain respects as more
fully set forth below; and



     NOW, THEREFORE, in consideration of the mutual covenants herein contained and for good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:



     1. Effective as of the date of this Amendment, Section 2 (Scope of Services) of the Agreement
is replaced in its entirety as follows:




2. Scope of Services. For the performance by ALPS of the Services
pursuant to this Agreement, Client agrees to pay ALPS an annual fee,
amortized monthly and payable quarterly, based upon the gross management fees
paid by the Master Fund to the Client, in accordance with the fee schedule
set forth on Exhibit “B” hereto. Such fees shall not exceed
$1,768,000.



     2. Effective as of the date of this Amendment, Section 3 (Out of Pocket Expenses) of the
Agreement is replaced in its entirety as follows:




3. Out of Pocket Expenses. In addition to the fees that the Client
shall pay to ALPS pursuant to Section 2 above, the Client agrees to reimburse
ALPS for its reasonable out-of-pocket expenses incurred and advances made by
ALPS in performing the Services, including, but specifically not limited to,
FINRA advertising fees, registered representative licensing fees, branch
inspection costs, postage and any other expenses incurred by ALPS at the
specific written request or consent of the Client, up to a total of $18,000
for the two-year period beginning May 15, 2009.



     3. Except as specifically set forth herein, all other provisions of the Agreement shall remain
in full force and effect. Any items not herein defined shall have the meaning ascribed to them in
the Agreement.



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



	 	 	 	 
	GREENHAVEN COMMODITY SERVICES, LLC

	 	ALPS DISTRIBUTORS, INC.
	 
	 
	By: /s/ Ashmead F. Pringle, III

	 	By: /s/ Thomas A. Carter
	 	 	 
	Name: Ashmead F. Pringle, III

	 	Name: Thomas A. Carter
	Title: Manager

	 	Title: President
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7616

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
MATTHEW JAMES DURY , Defendant

- Appellant

.

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

. Martin K. Reidinger, Chief District Judge. ( 1:08

- cr - 00016

- MR

- 1 )

Submitted : July 28, 2022 Decided: September 23, 2022

Before WYNN and RICHARDSON , Circuit Judges , and KEENAN, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.
Matthew James Dury , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7616 Doc: 15 Filed: 09/23/2022 Pg: 1 of 22 PER CURIAM: Matthew James Dury appeal s the district court’s order denying his postjudgment
motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Dury , N o
. 1:08

- cr - 00016

- MR

1 (W.D.N.C. Oct. 26, 2021) . 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.
AFFIRMED USCA4 Appeal: 21-7616 Doc: 15 Filed: 09/23/2022 Pg: 2 of 2
EXHIBIT 32.1

                        CERTIFICATION OF PRINCIPAL
                       EXECUTIVE OFFICER PURSUANT TO
                          18 U.S.C. SECTION 1350,
                           AS ADOPTED PURSUANT BY
               SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of Omega Ventures Group, Inc.
on Form 10-QSB for the quarter ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, John Hickey, Principal Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, that:

          (1) The Report fully complies with the requirements of section 13
     (a) or 15 (d) of the Securities Exchange Act of 1934; and

          (2) The information contained in the Report fairly presents, in
     all material respects, the financial condition and result of
     operations of the Company.



Date: August 16, 2005         /S/ John Hickey
                              --------------------------------------
                              John Hickey, Principal Executive Officer
#### MICHENER, Respondent, *v.*FRANSHAM, Appellant.

(No. 1,703.)

ON MOTION TO DISMISS ApPExYL.

(Submitted October 28, 1901.

Decided October 28, 1901.)

For syllabus, see *Jordan et al.*v. *Andrus et al., antep.*37.

*Appéal from District Court, Gallatin County; Henry C. Smith, Judge.*

AotioN by Thomas Michener against W. J. Eransham, sheriff of Gallatin county. From a judgment in favor cf plaintiff and from an order denying a new trial, defendant appealed. Motion to dismiss appeal.

Granted.

*45
      *Messrs. Luce &*Luce, for Appellant.

*Mr. JEugene B. Hoffman*for Respondent.

MB. JUSTICE MILBURN

delivered tbe opinion of the court.

Bor tlie reason set out in the opinion this day filed in the case of W. *A. Jordan et al.*v. W. W. *Andrus et al. (ante page 37,*66 Pac. 502), tlm motion to dismiss this appeal, upon the ground that the transcript is not printed as it should have bee.n in Accordance with Rule YI, is granted and the appeal is dismissed, without prejudice to a motion to reinstate if appellant shall prepare, file and serve a printed transcript in accordance with the requirements of Rules YI and IX of this court, within sixty days from this date.

*Appeal dismissed.*
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
financial  statements  as of and for the  perior  ended  June  30,  1999  and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                         0001009480
<NAME>                        Target Logistics, Inc.
<MULTIPLIER>                  1,000


<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              JUN-30-1999
<PERIOD-START>                                 JUL-02-1998
<PERIOD-END>                                   JUN-30-1999
<CASH>                                               7,882
<SECURITIES>                                             0
<RECEIVABLES>                                       12,171
<ALLOWANCES>                                         1,318
<INVENTORY>                                              0
<CURRENT-ASSETS>                                    20,968
<PP&E>                                               1,530
<DEPRECIATION>                                       1,048
<TOTAL-ASSETS>                                      34,932
<CURRENT-LIABILITIES>                               15,251
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                          4,272
<COMMON>                                               100
<OTHER-SE>                                          15,285
<TOTAL-LIABILITY-AND-EQUITY>                        34,932
<SALES>                                             51,720
<TOTAL-REVENUES>                                    51,720
<CGS>                                               34,789
<TOTAL-COSTS>                                       56,093
<OTHER-EXPENSES>                                   (24,951)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                    (292)
<INCOME-PRETAX>                                     20,869
<INCOME-TAX>                                         6,853
<INCOME-CONTINUING>                                 (2,537)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                     16,553
<CHANGES>                                                0
<NET-INCOME>                                        14,016
<EPS-BASIC>                                         1.63
<EPS-DILUTED>                                         0.99



</TABLE>
<PAGE>

                                                                EXHIBIT NO. 21.1

CONSOLIDATED SUBSIDIARIES
Evercom, Inc. and Subsidiaries

        The following list includes certain companies that are owned directly by
Evercom, Inc., a Delaware corporation, Irving, Texas, as of December 31, 1999.

        This list includes all significant subsidiaries. The place of
incorporation or organization is shown parenthetically. The location of each
subsidiary is the same as Evercom, Inc.

Consolidated Subsidiaries

Evercom Systems, Inc. (Delaware)
One Source Telecommunications, Inc. (Delaware)
Saratoga Telephone Company, Inc. (New York)
EXHIBIT 11.1

Statement re computation of per-share earnings

Basic per share data is calculated based on the weighted-average number of shares of common stock
outstanding during the reported periods. Diluted per share data includes any dilution from potential common stock outstanding, such as performance shares and the exercise of stock options.



|                                                                                 |  |                             |            |      |   |           
|-------------------------------------------------------------------------------- |  | --------------------------- | ---------- | ---- | - | ----------
|                                                                                 |  | Three Months EndedMarch 31,
|                                                                                 |  | 2008                        |            | 2007
|Numerator:                                                                       |  |                             |            |      |   |           
|Net income                                                                       |  | $                           | 2,761,000  |      | $ | 103,000   
|                                                                                 |  |                             |            |      |   |           
|Denominator:                                                                     |  |                             |            |      |   |           
|Denominator for basic income per share - weighted-average shares                 |  | $                           | 11,903,110 |      | $ | 11,890,732
|Dilutive potential common shares - employee stock options and performance shares |  |                             | 15,233     |      |   | 21,199    
|                                                                                 |  |                             |            |      |   |           
|Denominator for diluted earnings per share - adjusted weighted-average shares    |  | $                           | 11,918,343 |      | $ | 11,911,931
|                                                                                 |  |                             |            |      |   |
<PAGE>

                                                                     Exhibit 3.4

                           Certificate Of Amendment
                                      Of
                           Articles Of Incorporation
                                      Of
                       Pinnacle Oil International, Inc.
                            (A Nevada corporation)


Daniel C. Topolinsky and John M. Woodbury, Jr., the duly elected and acting
President and Secretary, respectively, of Pinnacle Oil International, Inc., a
Nevada corporation (the "Company"), do hereby certify that the Board of
Directors of the Company, without a meeting by written consent, in accordance
with Section 78.930(1)(a) of the Nevada Revised Statutes, and the stockholders
of the Company, without a meeting by written consent, in accordance with
Sections 78.390(1)(b) and 78.320(2) of the Nevada Revised Statutes, have each
duly approved the following amendments to the of Articles of Incorporation of
the Company:

                                      I.

Article I of the Articles of Incorporation of the Company is hereby amended in
its entirety to read as follows:

     "Article I.   The name of the Corporation is Energy Exploration
Technologies.

                                      II.

The foregoing amendment of Articles of Incorporation has been duly approved by
the Board of Directors of the Company, without a meeting by written consent, in
accordance with Section 78.930(1)(a) of the Nevada Revised Statutes.

                                     III.

The foregoing amendment of Articles of Incorporation has been duly approved by
the required vote of the holders of the common stock of the Company, without a
meeting by written consent, in accordance with Sections 78.390(1)(b) and
78.320(2) of the Nevada Revised Statutes.  An affirmative vote of a majority,
i.e., more than fifty percent of the outstanding shares of common stock is
required for approval of the amendment under Section 78.390(1)(b) of the of the
Nevada Revised Statutes.  A majority of the outstanding shares of common stock
voted in favor of the amendment, without a meeting by written consent, in
accordance with Section 78.320(2) of the Nevada Revised Statutes, thereby
satisfying the approval requirements of Section 78.390(1)(b) of the of the
Nevada Revised Statutes.

                                      -1-
<PAGE>

We hereby each further declare under penalty of perjury under the laws of the
State of Nevada that the matters set forth in this Certificate of Amendment are
true and correct of our own knowledge.

Dated:  June 7, 2000


                                         /s/  Daniel C. Topolinsky
                                         ---------------------------------------
                                         Daniel C. Topolinsky, President

                                         /s/  John M. Woodbury, Jr.
                                         ---------------------------------------
                                         John M. Woodbury, Jr., Secretary

                                      -2-
<PAGE>

                                                                     EXHIBIT 4.1

            FOURTH AMENDMENT, dated as of February 28, 2001 (this "Amendment"),
to the Credit Agreement, dated as of August 25, 2000, as amended (the "CREDIT
AGREEMENT"), between WKI HOLDING COMPANY, INC., a Delaware corporation (the
"BORROWER"), and BORDEN, INC., a New Jersey corporation (the "LENDER").

                              W I T N E S S E T H :
                              - - - - - - - - - -

            WHEREAS, the Borrower and the Lender desire to amend the Credit
Agreement as set forth below;

            NOW, THEREFORE, in consideration of the premises and the mutual
covenants contained herein, the parties agree hereto hereby as follows:

            1. Unless otherwise defined herein, terms defined in the Credit
Agreement shall have their defined meanings when used herein.

            2. The definition of "Maturity Date" in Section 1 of the Credit
Agreement is hereby amended in its entirety to read as follows:

            "MATURITY DATE" shall mean March 30, 2001.

            3. The Borrower agrees and acknowledges that the agreement of the
Lender to extend the Maturity Date pursuant to Section 2 hereof shall not
foreclose or be deemed to waive any of the Lender's rights with respect to any
Default or Event of Default which may now or hereafter exist.

            4. This Amendment shall be construed in accordance with and governed
by the law of the State of New York.

            5. This Amendment may be executed by the parties hereto in any
number of separate counterparts and all of said counterparts taken together
shall be deemed to constitute one and the same instrument.

            6. Except as expressly amended hereby, the Credit Agreement as
amended by this Amendment shall continue to be and shall remain in full force
and effect. From and after the date hereof, all references in the Credit
Agreement thereto shall be to the Credit Agreement as amended hereby.

                                      * * *



<PAGE>



            IN WITNESS WHEREOF, the parties have caused this Amendment to be
executed and delivered by their respective duly authorized officers as of the
day and year first above written.

                                    WKI HOLDING COMPANY, INC.


                                    By:_____________________________
                                       Name:   Raymond J. Kulla
                                       Title:  Vice President,
                                               Secretary and General Counsel



                                    BORDEN, INC.


                                    By:_____________________________
                                       Name:  Huub M.F. Nelissen
                                       Title: Assistant Treasurer
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

 

 National Institute for Occupational

 Safety and Health

 Robert A. Taft Laboratories

 4676 Columbia Parkway

 Cincinnati, OH 45226-1998

 Phone: 513-533-6825

 Fax: 513-533-6826

 

 November 17, 2011 

Ms. Rachel Leiton, Director 

Division of Energy Employees Occupational 

 Illness Compensation 

U.S. Department of Labor 

200 Constitution Avenue, N.W., Room C-3321 

Washington, District of Columbia 20210 

Dear Ms. Leiton: 

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required 

by 42 C.F.R. § 83.17(d), I am notifying you of the final effect of the HHS decision to designate a 

class of employees from Y -12 facility in Oak Ridge, TN, as an addition to the Special Exposure 

Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 

2000. On October 18, 2011, as provided for under 42 U.S.C. § 7384q(b), the Secretary of HHS 

designated the following class of employees as an addition to the SEC: 

All employees of the Department of Energy, its predecessor agencies, and their contractors 

and subcontractors who worked at the Y -12 facility in Oak Ridge, Tennessee, during the 

period from January 1, 1948 through December 31, 1957, for a number of work days 

aggregating at least 250 work days, occurring either solely under this employment or in 

combination with work days within the parameters established for one or more other classes 

of employees in the Special Exposure Cohort. 

This designation became effective on November 17, 2011, as provided for under 42 U.S.C. § 

7384l(14)(C). Hence, beginning on November 17, 2011, members of this class of employees, 

defined as reported in this notice, became members of the SEC. 

 Sincerely, 

 

 [Signature on File] 

 Stuart L. Hinnefeld, Director 

 Division of Compensation Analysis and Support 

 National Institute for Occupational Safety and Health
Exhibit 32.2



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 Annual Report of Radiologix, Inc. (the Company) on Form 10-KA for the year ended December 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Sami S. Abbasi, Executive Vice President and Chief Operating Officer and Chief Financial Officer of the Company, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to the best of 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, 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 Company.



|                                                                                 |  |  |  | 
|-------------------------------------------------------------------------------- |  |  |  | 
|/s/  Sami S. Abbasi                                                              |  |  |  | 
|Sami S. Abbasi                                                                   |  |  |  | 
|Executive Vice President and Chief Operating Officer and Chief Financial Officer



Dated: April 30, 2004



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

106TH CONGRESS

2D SESSION S. 2221

To continue for 2000 the Department of Agriculture program to provide

emergency assistance to dairy producers.

IN THE SENATE OF THE UNITED STATES

MARCH 8, 2000

Mr. KOHL (for himself, Mr. FEINGOLD, Mr. WELLSTONE, Mr. SCHUMER, and

Mr. SANTORUM) introduced the following bill; which was read twice and

referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To continue for 2000 the Department of Agriculture program

to provide emergency assistance to dairy producers.

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

3 SECTION 1. ASSISTANCE TO DAIRY PRODUCERS FOR ECO4 NOMIC LOSSES INCURRED DURING 2000.

5 The Secretary of Agriculture shall use $500,000,000

6 of funds of the Commodity Credit Corporation to provide

7 assistance directly to dairy producers to compensate the

8 producers for economic losses incurred during 2000. The

9 Secretary shall make the assistance available in the same

10 manner as the Secretary provided such assistance to dairy
2

•S 2221 IS

1 producers under section 805 of the Agriculture, Rural De2 velopment, Food and Drug Administration, and Related

3 Agencies Appropriations Act, 2000 (7 U.S.C. 1421 note;

4 Public Law 106–78).

Æ