alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Extension of (April 17, 2000) Letter of Intent   January 23, 2001

To:  Jim Martin
Lucerne Valley CSA 29
P.O. Box 459-Lucerne Valley, CA  92356
via fax:  (909-387-5968)

1. On April 17, 2000 Colorado Community Broadcast (hereinafter "CCB") and County
Service Area 29 (the "Seller")  signed a letter of intent (the  "Agreement") for
the acquiring of the license and equipment  for K68CW (the  "Station")  owned by
the Seller.

2.  CCB  and the  Seller  are in the  process  of  drafting  and  agreeing  on a
definitive purchase agreement as called for in paragraph 4 of the Agreement.  To
facilitate  this, all deadlines in the Agreement are extended until February 28,
2001 (the "Extension").

3. Both  Seller and CCB agree to accept an executed  fax copy of this  Extension
until an original can be executed.  The originals will be received no later than
7 days after the execution of the fax copies.

4. By executing this  Extension,  each party  confirms its mutual  intentions as
specified  herein,  and both parties  agree to use their best efforts to satisfy
the obligations contained herein.  Neither of the parties shall rely on any oral
or written  representations  other then as  described  in this  AGreement or the
Extension.

5. This Extension  shall be deemed  accepted by CCB upon Seller's  execution and
dating of this Agreement  where  indicated  below and actual receipt by CCB of a
facsimile of the executed document at the fax number set forth below:

        (720) 528-9760

     If this Extension is acceptable to you please sign and date where indicated
below:

/s/ Peter J. Hiniker                                            Date 1/23/01
---------------------------------------------------------           ---------

/s/ Jim Martin                                                  Date 1/23/01
---------------------------------------------------------           ---------
For Seller
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           9,051
<SECURITIES>                                    58,708
<RECEIVABLES>                                   34,575
<ALLOWANCES>                                       498
<INVENTORY>                                          0
<CURRENT-ASSETS>                               105,871
<PP&E>                                          19,962
<DEPRECIATION>                                   4,881
<TOTAL-ASSETS>                                 121,801
<CURRENT-LIABILITIES>                           23,128
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            23
<OTHER-SE>                                      97,130
<TOTAL-LIABILITY-AND-EQUITY>                   121,801
<SALES>                                              0
<TOTAL-REVENUES>                               173,477
<CGS>                                                0
<TOTAL-COSTS>                                  102,937
<OTHER-EXPENSES>                                55,766
<LOSS-PROVISION>                                   534
<INTEREST-EXPENSE>                                  29
<INCOME-PRETAX>                                 18,149
<INCOME-TAX>                                     7,832
<INCOME-CONTINUING>                             10,317
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,317<F1>
<EPS-PRIMARY>                                      .47
<EPS-DILUTED>                                      .44
<FN>
<F1>Actual net income in 1997 and 1996, pro forma in 1995
</FN>


</TABLE>
Exhibit 10.1






EXHIBIT 10.1




PGRT ESH, INC.

77 West Wacker Drive

Suite 3900

Chicago, Illinois 60601




January 30, 2009




Citicorp USA, Inc.

101 John F. Kennedy Parkway

Fourth Floor

Short Hills, New Jersey 07078




Re: Forbearance Extenstion



Ladies and Gentlemen:




Reference is made to the Amended and Restated Loan Agreement dated as of June 6, 2008 among
PGRT ESH, Inc. (the “Borrower”), Lightstone Holdings LLC, David Lichtenstein (together with
Lightstone Holdings LLC and the Borrower, the “Loan Parties”), and Citicorp USA, Inc. (the
“Lender”), as amended by that certain First Amendment to Loan Agreement dated as of October 31,
2008 by and among the Loan Parties and the Lender (as amended by that certain letter agreement
dated December 31, 2008 among the Loan Parties and the Lender, collectively, “First Amendment”) and
that certain Second Amendment to Loan Agreement dated as of December 31, 2008.



The Loan Parties have requested a further extension of the Forbearance Period (as defined in
the First Amendment) from January 30, 2009 until March 2, 2009 to continue to consider a long term
restructuring plan with the Lender. The Lender hereby agrees with the Loan Parties that the First
Amendment is amended by deleting “January 30, 2009” in Section 3(a) thereof and substituting “March
2, 2009” therefor.


 


 









 





Citicorp
USA, Inc.

January 30, 2009

Page 2




Except as amended hereby, the First Amendment shall remain in full force and effect.



	 	 	 	 	 
	 	Very truly yours,



PGRT ESH, INC.

 	 
	 	By:  	/s/ David Lichtenstein
 	 
	 	 	David Lichtenstein 	 
	 	 	Chairman 	 




AGREED TO AND ACCEPTED AS

OF THE DATE FIRST SET FORTH ABOVE:



Lender




	 	 	 	 	 
	CITICORP USA, INC.
	 
	 	 	 	 
	By:

	 	/s/ Diana Yusun	 	 
	 

	 	 	 	 
	 

	 	Diana Yusun	 	 
	 

	 	Director	 	 
	 
	 	 	 	 
	Guarantors
	 
	 	 	 	 
	/s/ David Lichtenstein
	 	 	 
	David Lichtenstein
	 
	 	 	 	 
	LIGHTSTONE HOLDINGS LLC
	 
	 	 	 	 
	By:

	 	/s/ David Lichtenstein	 	 
	 

	 	 	 	 
	 

	 	David Lichtenstein	 	 
	 

	 	Managing Member	 	 






Signature page to Second Extension
EXHIBIT 23.3
NETHERLAND,  SEWELL
&  ASSOCIATES,  INC.




            CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS
            ---------------------------------------------------------


     We  hereby  consent  to  (i) the use of the information in our report dated
January  31,  2000,  for  Ceiba  Field  located  offshore Equatorial Guinea (the
"Report") under the caption "Items 1. and 2. Business and Properties - Reserves"
and  in  note 23 of the Notes to the Consolidated Financial Statements under the
caption "Oil and Gas Reserve Data" in the Form 10-K of Triton Energy Limited for
the  year  ended December 31, 1999 (the "Form 10-K"), and (ii) the references to
our  firm  under  such  captions.

     We further consent to (i) the incorporation by reference from the Form 10-K
of certain data from the Report in the Company's Registration Statements on Form
S-3  (Nos.  33-59567, 333-11703, 333-11703-01, 333-67843, and 333-81029), and on
Form  S-8  (Nos.  2-80978,  33-4042,  33-27203,  33-29498,  33-46968,  33-51691,
333-08005,  333-27313  and  333-81031) of the Company, and to (ii) references to
our name in said Registration Statements and the Prospectuses contained therein.


                         NETHERLAND,  SEWELL  &  ASSOCIATES,  INC.


                         By:
                               Clarence  M.  Netherland
                                Chairman

Dallas,  Texas
March  3,  2000
No. 1,952.

#### KLEESATTLE, Respondent, *v.*ROEHL, et al., Appellants.

*Appeal from District Court, Cascade County; J. B. Leslie, Judge.*

On motion to dismiss appeal.

Decided October 9, 1903.

*Messrs. Greene & Cockrill,*for Appellants.

*Mr. John W. Stanton,*for Respondent.

Per Curiam.

The motion to dismiss the appeal herein is hereby sustained, and the appeal is accordingly dismissed.
<TABLE> <S> <C>

<ARTICLE>               5
<LEGEND>

THIS SCHEDULE CONTAINS RESTATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FORM 10-Q FOR THE THREE MONTHS ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.  EARNINGS PER SHARE HAVE
BEEN RESTATED TO COMPLY WITH FINANCIAL ACCOUNTING STANDARDS NO. 128 "EARNINGS
PER SHARE" AND TO REFLECT A TWO-FOR-ONE STOCK SPLIT IN 1997.

</LEGEND>
<RESTATED>
<CIK>                   0000743239
<NAME>                  GLEASON CORPORATION
<MULTIPLIER>            1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                            5394
<SECURITIES>                                         0
<RECEIVABLES>                                    67802
<ALLOWANCES>                                         0
<INVENTORY>                                      30035
<CURRENT-ASSETS>                                113994
<PP&E>                                          167568
<DEPRECIATION>                                  109215
<TOTAL-ASSETS>                                  189865
<CURRENT-LIABILITIES>                            55021
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         11594
<OTHER-SE>                                       75876
<TOTAL-LIABILITY-AND-EQUITY>                    189865
<SALES>                                          60335
<TOTAL-REVENUES>                                 60335
<CGS>                                            41016
<TOTAL-COSTS>                                    41016
<OTHER-EXPENSES>                                 11297
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 (1)
<INCOME-PRETAX>                                   8023
<INCOME-TAX>                                      2829
<INCOME-CONTINUING>                               5194
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      5194
<EPS-PRIMARY>                                     0.52
<EPS-DILUTED>                                     0.50
        

</TABLE>
<PAGE>

                                                                 EXHIBIT  10.5.2


                              FIRST AMENDMENT TO
                         THE UNION CARBIDE CORPORATION
                           EQUALIZATION BENEFIT PLAN


     The Union Carbide Corporation Equalization Benefit Plan, as Amended and
Restated as of January 1, 1998 (the "Plan") is hereby amended as follows:

     1.     Article V, Section 4 of the Plan is amended in its entirety to
read as follows:

            "Section 4.  Notwithstanding the provisions of
     Sections 1 and 3 of this Article V, Participants may elect,
     in accordance with provisions determined from time to time
     by the Compensation Committee or its designee, that their
     payments under the Plan shall be made either (i) in a lump
     sum as of July 1 of the calendar year following such
     election (or, if earlier, as soon as practicable in such
     following calendar year in circumstances where the
     Participant was not employed by the Corporation during the
     year of such election), or (ii) in substantially equal
     installments over a period of at least 2 but not more than
     10 years commencing as of such date.  The lump sum payment
     or installment payments described in the preceding sentence
     shall be calculated using (A) a discount rate equal to the
     average of 10 and 20 year Aaa municipal bonds as published
     by Moody's or a similar rating service ("Discount Rate")
     for the month of November of the year prior to the year
     payments commence, and (B) a mortality table determined by
     the Compensation Committee or its designee.
     Notwithstanding the foregoing, for benefits which will

1 of 2
<PAGE>

    commence in 2002, the discount rate shall be the Discount
    Rate for the month of January, 2001. The Compensation
    Committee or its designee shall determine the procedures
    for such elections and the time and method of payment for
    payments in accordance with this Section 4.  For
    Participants who make the election described in this
    Section 4, the provisions of Sections 1 and 3 of this
    Article V shall not apply.  Notwithstanding the foregoing,
    a Participant who elects to receive a lump sum payment
    under Article V, subsection 4(i) may also elect to receive
    a monthly benefit under Article V, section 1 commencing on
    the date the Participant commences benefits under the
    Retirement Plan and ceasing on the date such Participant
    receives the lump sum payment contemplated under Article V,
    subsection 4(i)."

     2.    The provisions of this First Amendment shall be effective as of
January 1, 2001.

                                        UNION CARBIDE CORPORATION


                                        By:  /s/ W.R. Hutchinson

                                        Date: January 20, 2001

2 of 2
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAMELA KAY SCOTT, 

Plaintiff-Appellant, 

 v. 

COLIN HAYES; et al., 

Defendants-Appellees.

No. 17-35682 

D.C. No. 3:17-cv-05619-BHS 

MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

Benjamin H. Settle, District Judge, Presiding

Submitted November 15, 2017**

Before: CANBY, TROTT, and GRABER, Circuit Judges. 

Pamela Kay Scott appeals pro se from the district court’s order denying her 

application to proceed in forma pauperis (“IFP”) in her 42 U.S.C. § 1983 alleging 

claims relating to her criminal sentence. We have jurisdiction under 28 U.S.C. 

§ 1291. We review for an abuse of discretion the denial of leave to proceed IFP, 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

NOV 22 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-35682 

and de novo a determination that a complaint lacks arguable substance in law or 

fact. Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1369 (9th Cir. 1987). We 

affirm in part, vacate in part, and remand. 

The district court properly dismissed the claims against the prosecutor 

defendants on the basis of prosecutorial immunity. See id. at 1370 (district court 

may deny leave to proceed IFP “at the outset if it appears from the face of the 

proposed complaint that the action is frivolous or without merit” (citation and 

internal quotation marks omitted); see also Cousins v. Lockyer, 568 F.3d 1063, 

1068-69 (9th Cir. 2009) (explaining prosecutorial immunity). 

However, the district court did not expressly consider Scott’s claims that

defendants from the Washington Department of Corrections were responsible for 

incorrectly recommending that Scott’s sentence should be extended, nor did it 

consider whether leave to amend these claims would be appropriate. See Cousins, 

568 F.3d at 1069-70 (discussing the constitutional right to be free from wrongful 

incarceration, and whether corrections officials were entitled to qualified 

immunity); see also Rodriguez v. Steck, 795 F.3d 1187, 1188 (9th Cir. 2015) (“[A]

district court’s denial of leave to proceed in forma pauperis is an abuse of 

discretion unless the district court first provides a plaintiff leave to amend the 
3 17-35682 

complaint or finds that amendment would be futile.”). We vacate the denial of 

leave to proceed IFP, vacate in part the order filed on October 5, 2017 dismissing 

plaintiff’s action, and remand for further proceedings as to these defendants only. 

Scott’s motion to file a substitute or corrected brief (Docket Entry No. 11) is 

granted. The Clerk shall file the opening brief submitted at Docket Entry No. 13 

and strike the opening brief filed at Docket Entry No. 7. 

AFFIRMED in part, VACATED in part, and REMANDED.
#### KILBY, Appellant, *v.*BAKER, Respondent.

New Trial— *Conflict in testimony*— Where no reasons are giren in the transcript for the action of the court below in granting a new trial, and there is a substantial conflict in the testimony, the judgment will be affirmed. (Oases of *Chauvin*v. *Valiton,*7 Mont. 5S1; *Kireher*v. *Conrad, ante,*p. 191; *Landsman*v. *Thompson, ante,*p. 182, affirmed.)

*Appeal from. Seventh Judicial District, Yellowstone County,*

Defendant’s motion for a new trial was granted by Liddell, J.

*JR. T. Allen,*for Appellant.

*O. F. Goddard,*for Respondent.

Setting aside the verdict of the jury was a matter of legal discretion, vested in the court below, and this court will not interfere with it unless abuse of that discretion is shown, and especially if there be a substantial conflict of evidence. (Hayne on New Trial and Appeal, §§ 97, 289; *O’Brien*v. *Brady,*23 Cal. 243; *Brake*v. *Palmer,*2 Cal. 177; *Speck*v. *Hoyt, 3*Cal. 413; *Peters*
      *399v. *Foss,*16 Cal. 358; *Nooney*v. *Mahoney,*30 Cal. 226; *Sharp*v. *Hoffman,*79 Cal. 404; *Harnett*v. *C.*P. P. P. *Co.*78 Cal. 31; *Minium*v. *Bliss,*77 Cal. 90.)

Blake, C. J.

This action was commenced to recover damages for the malicious prosecution of Kilby by Baker. The jury returned a verdict for the plaintiff, and the court below granted the motion of Baker for a new trial. No reasons are given in the transcript for this ruling, and the grounds which appear in the notice relate chiefly to the insufficiency of the evidence. There is a substantial conflict in the testimony of the parties, and we cannot say that there has been an abuse of judicial discretion. No questions of law for the guidance of the court at another trial have been brought to our attention, and the judgment must be affirmed, with costs. *(Chauvin*v. *Valiton, 7*Mont. 581; *Kircher*v. *Conrad, ante,*p. 191; *Landsman*v. *Thompson, ante,*p. 182.)

De Witt, J., concurs. Harwood, J., being disqualified, did not sit in this case.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2209 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2209

        To suspend temporarily the duty on 2,6 dichlorotoluene.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2000

 Mr. Thurmond introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
        To suspend temporarily the duty on 2,6 dichlorotoluene.

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

SECTION 1. 2,6 DICHLOROTOLUENE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.28.08     2,6              Free              No change         No change         On or before 12/
                     Dichlorotoluene                                                         31/2003          ''
                     (CAS No. 118-69-                                                                          .
                     4) (provided
                     for in
                     subheading
                     2903.69.70)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2058 Reported in Senate (RS)]

                                                       Calendar No. 510
106th CONGRESS
  2d Session
                                S. 2058

To extend filing deadlines for applications for adjustment of status of 
           certain Cuban, Nicaraguan, and Haitian nationals.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2000

   Mr. Graham (for himself, Mr. Mack, Mr. Kennedy, Mr. Durbin,  Mrs. 
  Feinstein, Mr. Helms, and Mr. Kerry) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                             April 13, 2000

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL

 
To extend filing deadlines for applications for adjustment of status of 
           certain Cuban, Nicaraguan, and Haitian nationals.

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

SECTION 1. EXTENSION OF FILING DEADLINES FOR APPLICATIONS FOR 
              ADJUSTMENT OF STATUS OF CERTAIN CUBAN, NICARAGUAN, AND 
              HAITIAN NATIONALS.

    (a) Nicaraguan Adjustment and Central American Relief Act.--
Notwithstanding the expiration of the application filing deadline in 
section 202(a)(1) of the Nicaraguan Adjustment and Central American 
Relief Act (as contained in Public Law 105-100; 8 U.S.C. 1255 note), a 
Cuban or Nicaraguan national who is otherwise eligible for adjustment 
of status under that section may apply for that status through the date 
that is one year after the date of promulgation by the Attorney General 
of final regulations for the implementation of that section.
    (b) Haitian Refugee Immigration Fairness Act.--Notwithstanding the 
expiration of the application filing deadline in section 902(a) of the 
Haitian Refugee Immigration Fairness Act of 1998 (as added by section 
101(h) of division A of Public Law 105-277), a Haitian national who is 
otherwise eligible for adjustment of status under that section may 
apply for that status through the date that is one year after the date 
of promulgation by the Attorney General of final regulations for the 
implementation of that section.
                                                       Calendar No. 510

106th CONGRESS

  2d Session

                                S. 2058

_______________________________________________________________________

                                 A BILL

To extend filing deadlines for applications for adjustment of status of 
           certain Cuban, Nicaraguan, and Haitian nationals.

_______________________________________________________________________

                             April 13, 2000

                       Reported with an amendment
```