alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Page 27286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11559]


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

DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Intent to Hold Public Forums to Solicit Feedback From 
the Public Regarding the Section 523 Mutual Self-Help Housing Program

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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

SUMMARY: The Rural Housing Service, USDA published a document in the 
Federal Register of February 2, 2010, concerning upcoming public forums 
and request for comments regarding the Section 523 Mutual Self-Help 
Housing Program. Notice is hereby given that the forums scheduled for 
June 4, 2010 in Vermont and June 11, 2010 in Iowa have been cancelled.

FOR FURTHER INFORMATION CONTACT: Carolyn L. Bell, 
<a href="/cdn-cgi/l/email-protection#640705160b081d0a4a06010808241300074a111700054a030b12"><span class="__cf_email__" data-cfemail="513230233e3d283f7f33343d3d112635327f242235307f363e27">[email protected]</span></a> or (202) 720-1532.

    Dated: May 4, 2010.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2010-11559 Filed 5-13-10; 8:45 am]
BILLING CODE 3410-XV-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
ex10-31.htm


    Exhibit
10.31

     

    AMENDMENT
NO. 1 TO

     

    FOREBEARANCE AND WARRANT
MODIFICATION AGREEMENT

     

    THIS AMENDMENT NO. 1, dated as of May
6, 2009 (this “Amendment”), to that certain forbearance and waiver modification
agreement, dated February 25, 2009 (the “Agreement”), by and between NATIONAL HOLDINGS CORPORATION,
a Delaware corporation (the “Company”), and
CHRISTOPHER C. DEWEY
(the “Lender “).

    


    W I T N E S S E T
H

     

    WHEREAS, as of the date hereof there is
currently a principal amount of $500,000 due the Lender; and

     

    WHEREAS,
the Company and the Lender wish to amend the Agreement on the terms set forth
herein.

     

    NOW,
THEREFORE, the parties hereto, in consideration of the mutual promises herein
contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby agree to amend the Agreement
as follows:

     

    1.           Definitions; References;
Continuation of Agreement.  Unless otherwise specified herein,
each term used herein that is defined in the Agreement shall have the meaning
assigned to such term in the Agreement.  Each reference to “hereof,”
“hereto,” “hereunder,” “herein” and “hereby” and each other similar reference,
and each reference to “this Agreement” and each other similar reference,
contained in the Agreement shall from and after the date hereof refer to the
Agreement as amended hereby.  Except as amended hereby, all terms and
provisions of the Agreement shall continue unmodified and remain in full force
and effect.  Capitalized terms used herein not otherwise defined
having the meanings ascribed to them in the Agreement.

     

    2.           Amendment.  Section
3 of the Agreement is hereby amended as follows: the date “May 1, 2009” is
hereby deleted and in its place and stead the date “May 12, 2009” is
inserted.

     

    3.           Counterparts.  This
Amendment may be executed in two or more counterparts, all of which when taken
together shall be considered one and the same agreement and shall become
effective when counterparts have been signed by each party and delivered to the
other party, it being understood that both parties need not sign the same
counterpart.  In the event that any signature is delivered by facsimile
transmission or by e-mail delivery of a “.pdf” format data file, such signature
shall create a valid and binding obligation of the party executing (or on whose
behalf such signature is executed) with the same force and effect as if such
facsimile or “.pdf” signature page were an original thereof.

    


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

     

    IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed on the date first above written.

     

    NATIONAL HOLDINGS
CORPORATION

     

    


     

    By: /S/ MARK
GOLDWASSSER

          
Mark Goldwasser, CEO

    


    


    /S/ CHRISTOPHER C.
DEWEY

    Christopher C. Dewey
<PAGE>

                                                                      Exhibit 23



                                   ACCOUNTANTS' CONSENT



The Board of Directors
Pinnacle Bankshares Corporation



We consent to incorporation by reference in Registration Statement No. 333-63361
on Form S-8 and  Registration  Statement  No.  333-69321 on Form S-3 of Pinnacle
Bankshares  Corporation  of our report dated  January 24, 2000,  relating to the
consolidated balance sheets of Pinnacle Bankshares Corporation and subsidiary as
of December 31, 1999 and 1998, and the related consolidated statements of income
and comprehensive  income,  changes in stockholders'  equity, and cash flows for
the years then ended,  which report is incorporated by reference in the December
31, 1999 Annual Report on Form 10-KSB of Pinnacle Bankshares Corporation.



                                            /s/ KPMG LLP




Roanoke, Virginia
March 14, 2000
AUGUST 2000 AMENDMENT TO
                            THE HAYNES HOLDINGS, INC.
                           EMPLOYEE STOCK OPTION PLAN


     WHEREAS,  the Board of Directors and the shareholders holding more than 75%
of the then  outstanding  shares of common  stock of Haynes  Holdings,  Inc.,  a
Delaware corporation,  (hereinafter the "Company"), have previously established,
in August 1989, and subsequently amended form time to time, the Haynes Holdings,
Inc. Employee Stock Option Plan (which, as amended,  is hereinafter the "Plan");
and

     WHEREAS, the Board of Directors of the Company and the shareholders holding
more than 75% of the now outstanding  shares of common stock of the Company have
determined  that it is in the best  interest  of the  Company to again amend the
Plan to increase the number of Options available to be granted;

     NOW THEREFOR, the Plan shall be amended as set forth below:

     1.  Section  5(a) of the Plan shall be replaced in its  entirety to read as
follows:

          (a) Number of Shares.  Subject to adjustment as provided in subsection
     5(c) hereof,  the aggregate  number of Common Shares over which Options may
     be granted to  Participants  under this Plan shall be 1,415,880,  including
     Options to purchase  556,004  Common  Shares  which were granted to certain
     individuals pursuant to that certain Stock Subscription  Agreement dated as
     of August 1, 1989 (and  subsequently  amended),  which  agreement  has been
     terminated.

          If any  Option  terminates  without  having  been  exercised  in full,
     whether by expiration, cancellation, surrender, or otherwise, the number of
     Common Shares as to which such Option was not exercised  shall be available
     for  future  grants of  Options.  During the period  that  Options  granted
     hereunder are  outstanding,  the Company  shall reserve and keep  available
     such  number of Common  Shares as will be  sufficient  to satisfy  all such
     outstanding Options, to the extent not yet exercised.

All other provisions of the Plan shall remain unaffected by this Amendment.

                                    EXHIBIT A
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                            1715
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                   300
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      14829
<INVESTMENTS-CARRYING>                            3882
<INVESTMENTS-MARKET>                              3903
<LOANS>                                          14080
<ALLOWANCE>                                        170
<TOTAL-ASSETS>                                   36500
<DEPOSITS>                                       32335
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                969
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           281
<OTHER-SE>                                        2915
<TOTAL-LIABILITIES-AND-EQUITY>                   36500
<INTEREST-LOAN>                                    973
<INTEREST-INVEST>                                  936
<INTEREST-OTHER>                                    37
<INTEREST-TOTAL>                                  1946
<INTEREST-DEPOSIT>                                 850
<INTEREST-EXPENSE>                                 850
<INTEREST-INCOME-NET>                             1096
<LOAN-LOSSES>                                       10
<SECURITIES-GAINS>                                   2
<EXPENSE-OTHER>                                    934
<INCOME-PRETAX>                                    405
<INCOME-PRE-EXTRAORDINARY>                         405
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       279
<EPS-PRIMARY>                                     9.98
<EPS-DILUTED>                                     9.98
<YIELD-ACTUAL>                                    3.26
<LOANS-NON>                                         68
<LOANS-PAST>                                        59
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   158
<CHARGE-OFFS>                                        3
<RECOVERIES>                                         5
<ALLOWANCE-CLOSE>                                   10
<ALLOWANCE-DOMESTIC>                               170
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>


                                                                    EXHIBIT 99.1


                            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 First McMinnville Corporation
(the "Company") on Form 10-Q for the period ending June 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Charles C. Jacobs, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. Section 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 result of operations of the
Company.


/s/ Charles C. Jacobs
-----------------------
Charles C. Jacobs
Chief Executive Officer
August 13, 2002



<PAGE>



                            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 First McMinnville Corporation
(the "Company") on Form 10-Q for the period ending June 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kenny D. Neal, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 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 result of operations of the
Company.


/s/ Kenny D. Neal
-----------------------
Kenny D. Neal
Chief Financial Officer
August 13, 2002
EX-4.1






Exhibit 4.1




Year 2009 Performance Contract with Management of PetroChina Company Limited




	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Offeree:

	 	Name: ZHOU, Jiping
	 	Offeror:
	 	Name: JIANG, Jiemin
	 	Term of the Contract:
	 	January 1, 2009 to
December 31, 2009
	 
	 	 	 	 	 	 	 	 	 	 
	Title:

	 	President of PetroChina Company Limited (“PetroChina”)
	 	Title:
	 	Chairman of the Board of Directors of PetroChina
	 	Date of Execution:
	 	January 10, 2009
	 
	 	 	 	 	 	 	 	 	 	 










	 	 	 	 	 	 	 	 	 	 	 	 	 
		 	 	 	 	 	 	 	 	 	 	 	 
	Indices	 	Key Performance	 	Weight (%)	 	Measurement	 	Target	 	Actual	 	Departments
	 	 	Indices (KPI)	 	 	 	 	 	 	 	Performance	 	Providing the
	 	 	 	 	 	 	 	 	 	 	 	 	Numbers
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Profits Indices

	 	Rate of return of
the invested
capital of
PetroChina (ROIC)
	 	35	 	%	 	6.6	 	 
	 	Budget Management

Department
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Net income of
PetroChina (NI)
	 	20	 	In 100 million
RMB	 	667.5	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Free cash flow of
PetroChina (FCF)
	 	15	 	In 100 million
RMB	 	-577.2	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Operating Indices

	 	Rate of crude oil
reserves
replacement
	 	10	 	%	 	Oil: 1
	 	 	 	Planning Department
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	Natural Gas: 3

(Domestic model)
	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Domestic unit oil
and gas lifting
cost
	 	5	 	US$/barrel	 	8.96	 	 	 	Budget Management

Department
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Cash processing

cost for oil
	 	5	 	RMB/ton
	 	214.1	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Cash marketing cost

for oil
	 	5	 	RMB/ton
	 	374.3	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Gap between the
actual capital
expenditure and
budget
	 	5	 	%	 	± 5	 	 	 	Planning Department
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Indices to be Put
under Control

	 	Safety and
environmental
protection
	 	industrial production accidents involving employee death = 0.04 ‰;



extraordinarily serious safe production accidents = 0; and



extraordinarily serious environmental accidents=0.
	 	Comprehensive
performance
expressed in marks
to be increased by
5 marks if
achieving the
target for the
relevant index put
under control, and
to be reduced by 5
marks if failing to
achieve the target
for the relevant
index put under
control.
	 	Safety and
Environment
Protection
Department






	 	 	 
	 	 	 
	Signature of Offeree: ZHOU JIping
	 	Signature of Offeror: JIANG Jiemin
CONSENT OF INDEPENDENT
                           CERTIFIED PUBLIC ACCOUNTANT



We hereby consent to the incorporation by reference in the Post-Effective
Amendment No. 1 to Form SB-2 Registration Statement on Form S-3 of our report,
dated September 25, 1998, except for the MIS Section contained within Note 14
which is dated October 9, 1998, which appears on page F-2 of the annual report
on Form 10-KSB of Metropolitan Health Networks, Inc. and Subsidiaries for the
year ended June 30, 1998.







                                                         KAUFMAN, ROSSIN & CO.


Miami, Florida
October 23, 1998
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

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

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

                    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,                           ( print page 27353)                        as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.                

*Name of Committee:*                         Arthritis and Musculoskeletal and Skin Diseases Special Grants Review Committee.                    

*Date:*                         June 7-8, 2010.                    

*Time:*                         7 p.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                        Helen Lin, PhD, Scientific Review Officer, Scientific Review Branch, National Institute of Arthritis and Musculoskeletal and Skin Diseases,  National Institutes of Health, 6701 Democracy Blvd., Suite 800, Bethesda, MD 20817, 301-594-4952,                         *linh1@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)

Dated: May 5, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-11588 Filed 5-13-10; 8:45 am]

BILLING CODE 4140-01-P
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 Land Management

          - [LLUTCO3000-09-L14300000-ET0000-24-1A00; UTU-87519]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Public Land Order.

# SUMMARY:

This order transfers 639 acres of public land into trust to be held by the Secretary of the Interior for the benefit of the Shivwits Band of Paiute Indians of the State of Utah.

# DATES:

*Effective date:*                         May 12, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Kathy Abbott, Bureau of Land Management, St. George Field Office, 345 E. Riverside Drive, St. George, Utah 87790, (435) 688-3234.

# SUPPLEMENTARY INFORMATION:

Pursuant to the provisions of Section 1982(b)(1) of Public Law 111-11 dated March 30, 2009, the Shivwits Band of the Paiute Indians submitted a request for the Secretary of the Interior to transfer the public land described in this order into trust for the benefit of the Shivwits Tribe.

## Order

By virtue of the authority vested in the Secretary of the Interior by Section 1982(b)(1) of the Omnibus Public Land Management Act of 2009 (Pub. L. 111-11), it is ordered as follows:

Subject to valid existing rights, all right, title and interest of the United States in the following described land is hereby transferred into trust to be held by the Secretary of the Interior for the benefit of the Shivwits Band of Paiute Indian Tribe of Utah and shall be considered part of the reservation of the tribe:

## Salt Lake Meridian, Utah

T. 42 S., R. 17 W.,

Sec.19.

The area described contains 639.00 acres in Washington County.

Dated: April 28, 2010.

Wilma A. Lewis,

Assistant Secretary—Land and Minerals Management.

[FR Doc. 2010-11248 Filed 5-11-10; 8:45 am]

BILLING CODE 4310-DQ-P
#### McArdle’s Estate.

*Appeals*— Review—Findings *of fact*— Orphans’ *court.*

The appellate court will not reverse a decree of the orphans’ court based upon a finding of fact of the auditing judge confirmed by the court in banc, where there is sufficient testimony to sustain the finding, and the record shows no manifest error.

Argued Dec. 13, 1904.

Appeal, No. 99, Oct. T., 1904, by Ruth McCarron, from decree of O. C. Phila. Co., Jan. T., 1901, No. 418, dismissing exceptions to adjudication in Estate of Anne McArdle, Deceased.

Before Rice, P. J., Beaver, *107Orlady, Smith, Porter, Morrison and Henderson, JJ.

April 17, 1904 :

Affirmed.

Exceptions to adjudication.

*JSrror assigned*was the decree of the court.

*Joseph M.*Smith, with him *John A. Ward,*for appellant.

*M. Hampton Todd,*for appellees.

Opinion by

Orlady, J.,

The auditing judge had before him the books of account and the witnesses who were called to explain the complicated relations between the accountant and the funds before the court. In rejecting the claim of Michael McCarron there was not a finding against his claim as such, but only that there was not sufficient evidence to fix this claim as one which the accountant was authorized to pay with the money in her hands, as executrix of Ruth McCarron. This finding was sustained by the court in banc and a review of all the testimony has satisfied us that it should not be changed.

The decree is affirmed.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-30979

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

KEVIN DEWAYNE WILLIAMS

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 5:04-CR-50138-1

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Kevin Dewayne

Williams has moved for leave to withdraw and has filed a brief in accordance

with Anders v. California, 386 U.S. 738 (1967). Williams has not filed a

response. Our independent review of the record and counsel’s brief discloses no

nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to

withdraw is GRANTED, counsel is excused from further responsibilities herein,

and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

June 16, 2009

Charles R. Fulbruge III

Clerk