alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unassociated Document


    EXHIBIT
10.48a

    


    SECOND
AMENDMENT TO

    6%
PROMISSORY NOTES


    


    SECOND AMENDMENT TO 6% PROMISSORY
NOTES, is dated as of April 16, 2009; made by and between Delta Mutual, Inc., a
Delaware corporation, with its principal offices located at 14301 North 87th Street,
# 310, Scottsdale, AZ 85260 (the “Company”) and Egani, Inc., an Arizona
corporation, (the “Lender”) with a mailing address of 8260 East Raintree Drive,
Scottsdale, AZ 85260.  Capitalized terms used herein and not otherwise
defined herein shall have the meaning assigned to such term in the Original
Notes.

    


    WHEREAS, the Company and the Lender are
parties to those certain 6% Promissory Notes, dated March 6, 2008; April 28,
2008; and September 18, 2008, all as amended (collectively,
the “Original Notes”), pursuant to which the Company has borrowed, in the
aggregate, the amount of $43,900 from the Lender;

    


    WHEREAS, the Original Notes provided
that the Maturity Dates shall be April 16, 2009; and

    


    WHEREAS, the Company and the Lender
have agreed to amend Section 1.4 of the Original Notes; and

    


    WHEREAS, in accordance with the terms
and conditions of the Original Notes, the Company and the Lender hereby approve
the amendment of the Original Notes as set forth herein.

    


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

    


    
      1. By their
respective execution of this SECOND AMENDMENT, the Company and the
Lender agree that Section 1.4 of each of the Original Notes is hereby amended to
read in its entirety as follows: “Maturity Date” shall mean the date on which
the Company receives demand for payment in writing from the Lender;
and

    

    


    2. Except as
expressly provided herein, the Original Notes shall continue in full force and
effect.

    


    
      3. This
AMENDMENT may be executed by facsimile and in counterparts, which, taken
together, shall be deemed an original and shall constitute a single SECOND
AMENDMENT.

    

    


    4. IN
WITNESS WHEREOF, the Company and the Lender have caused this SECOND AMENDMENT to
be executed as of the date first written above

     

    
      
        	DELTA
      MUTUAL, INC. 	 	EGANI,
      INC.
	
                (COMPANY)

              	 	
                (LENDER)

              
	 	 	 	 	 
	
                By:
      

              	/s/
      Martin G. Chilek 	 	
                By:

              	/s/
      Daniel R. Peralta
	
                 

              	Martin
      G. Chilek  	 	
                 

              	Daniel
      R. Peralta
	
                 

              	Sr.
      Vice President 	 	
                 

              	President
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2053 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2053

  To amend the Internal Revenue Code of 1986 to provide marriage tax 
                penalty relief for earned income credit.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2000

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

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to provide marriage tax 
                penalty relief for earned income credit.

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

SECTION 1. MARRIAGE TAX PENALTY RELIEF FOR EARNED INCOME CREDIT.

    (a) In General.--Paragraph (2) of section 32(b) of the Internal 
Revenue Code of 1986 (relating to percentages and amounts) is amended--
            (1) by striking ``Amounts.--The earned'' and inserting 
        ``Amounts.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                earned'', and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Joint returns.--In the case of a joint 
                return, the phaseout amount determined under 
                subparagraph (A) shall be increased by $3,500.''.
    (b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) of the 
Internal Revenue Code of 1986 (relating to inflation adjustments) is 
amended to read as follows:
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined--
                            ``(i) in the case of amounts in subsections 
                        (b)(1)(A) and (i)(1), by substituting `calendar 
                        year 1995' for `calendar year 1992' in 
                        subparagraph (B) thereof, and
                            ``(ii) in the case of the $3,500 amount in 
                        subsection (b)(1)(B), by substituting `calendar 
                        year 2000' for `calendar year 1992' in 
                        subparagraph (B) of such section 1.''.
    (c) Rounding.--Section 32(j)(2)(A) of the Internal Revenue Code of 
1986 (relating to rounding) is amended by striking ``subsection 
(b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased 
under subparagraph (B) thereof)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2000.
                                 <all>
```
EXHIBIT 31.2

CERTIFICATION

I,
Ken Sexton, certify that:

1.     I
have reviewed this Annual Report on Form 10-K of Peregrine Systems, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the registrant and have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of the
registrant's board of directors (or persons performing the equivalent functions):



6.     The
registrant's other certifying officer(s) and I have indicated in this annual report whether there were significant changes in internal controls or in other factors
that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material
weaknesses.

| | Date:                                           | April 30, 2004 | 
| | ----------------------------------------------- | -------------- | 
| | /s/KEN SEXTONKen Sexton Chief Financial Officer |               

---



QuickLinks
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                     EXHIBIT 8.1

                                  Subsidiaries
<Table>
                                                                    Jurisdiction of
Legal Name                                       Business Name      Incorporation
-------------------------------------------   --------------------  -------------
<Caption>
<S>                                                 <C>              <C>
Quilmes International (Bermuda) Ltd.                                 Bermuda
Cerveceria y Malteria Quilmes S.A.I.C.A. y G.                        Argentina
Eco de los Andes S.A.                                                Argentina
Cerveceria Paraguaya S.A.                           CERVEPAR         Paraguay
Colosas S.A.                                                         Paraguay
Noitca Ltd.                                                          British Virgin Islands


Sociedad de Inversiones y Comercio Vienher                           Panama
S.A.
FNC S.A.                                                             Uruguay
Compania Salus S.A.                                 Salus            Uruguay

Quilmes Do Brasil Ltda.                                              Brazil
Publicidad Relator S.A.C. de Mandatos y                              Argentina
Servicios


Seven Up Consesiones S.A.I. y C.                                     Argentina
Embotelladora Perla de Norte S.A.I.C.I.A. y F.                       Argentina
Intergal S.A.                                                        Uruguay
Aydecar S.A.                                                         Argentina
Inversiones Bemberg Chile Ltda.                                      Chile
Cerveceria Chile S.A.                                                Chile

Fabricia Paraguaya de Vidrios S.A.                  FPV              Paraguay
Inversiones Cerveceras S.A.                                          Panama

Cerveceria Boliviana Nacional S.A.                  CBN              Bolivia
Embotelladora 9 de Julio S.A.I.C.I. y F.                             Argentina
Quilmes Industrial S.A.                                              Argentina
Linthal S.A.(+)                                                      Uruguay

Special Purpose Vehicle Salus S.A.(+)                                Uruguay
CCBA S.A.(+)                                                         Argentina

</Table>
---------------------------
(+) Subsidiary as of February 1, 2003.
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.                  

###### Federal Deposit Insurance Corporation

Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 10:57 a.m. on Tuesday, May 11, 2010, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's supervision and resolution activities.

In calling the meeting, the Board determined, on motion of Director Thomas J. Curry (Appointive), seconded by Vice Chairman Martin J. Gruenberg, concurred in by Director John C. Dugan (Comptroller of the Currency), Director John E. Bowman (Acting Director, Office of Thrift Supervision), and Chairman Sheila C. Bair, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10)).

The meeting was held in the Board Room of the FDIC Building located at 550  17th Street, NW., Washington, DC.

Dated: May 11, 2010.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 2010-11641 Filed 5-12-10; 11:15 am]

BILLING CODE P
II

Calendar No. 738

106TH CONGRESS

2D SESSION S. 2289

For the relief of Jose Guadalupe Tellez Pinales.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 2000

Mr. GRASSLEY introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

JULY 27, 2000

Reported by Mr. HATCH, without amendment

A BILL

For the relief of Jose Guadalupe Tellez Pinales.

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

3 SECTION 1. PERMANENT RESIDENCE.

4 Notwithstanding any other provision of law, for pur5 poses of the Immigration and Nationality Act (8 U.S.C.

6 1101 et seq.), Jose Guadalupe Tellez Pinales shall be held

7 and considered to have been lawfully admitted to the

8 United States for permanent residence as of the date of
2

S 2289 RS

1 the enactment of this Act upon payment of the required

2 visa fee.

Calendar No. 738

106TH CONGRESS

2D SESSION S. 2289

A BILL

For the relief of Jose Guadalupe Tellez Pinales.

JULY 27, 2000

Reported without amendment
[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Notices]
[Page 27562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11685]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Notice of Closed Meeting

    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., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable materials, 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: National Institute of Mental Health Special 
Emphasis Panel; K99/R00--Pathway to Independence.
    Date: June 17, 2010.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Crowne Plaza Tyson's Corner, 1960 Chain Bridge Road, 
McLean, VA 22102.
    Contact Person: Megan Libbey, PhD, Scientific Review Officer, 
Division of Extramural Activities, National Institute of Mental 
Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6148, 
MSC 9609, Bethesda, MD 20892-9609, 301-402-6807, 
<a href="/cdn-cgi/l/email-protection#6b070209090e12062b060a020745050203450c041d"><span class="__cf_email__" data-cfemail="7814111a1a1d0115381519111456161110561f170e">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos.93.242, Mental 
Health Research Grants; 93.281, Scientist Development Award, 
Scientist Development Award for Clinicians, and Research Scientist 
Award; 93.282, Mental Health National Research Service Awards for 
Research Training, National Institutes of Health, HHS).

    Dated: May 11, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-11685 Filed 5-14-10; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>   1
                                                                   EXHIBIT 10.36


                                               DuPont Nutrition & Health
                                               Walker's Mill, Barley Mill Plaza
                                               P. O. Box 80038
                                               Wilmington, DE 19880-0038

DuPont Nutrition & Health



January 28, 1999



WebMD, Inc.
400 The Lenox Building
3399 Peachtree Road, NE
Atlanta, GA  30326

Attn:  Mr. Jeff Norman



Dear Sirs:

WEBMD SUBSCRIPTIONS AGREEMENT

Further to our recent discussions we set out below the terms upon which we have
agreed that E. I. du Pont de Nemours and Company ("DuPont") shall purchase
subscriptions to WebMD's internet service.

1.       DuPont will purchase 10,000 annual subscriptions to WebMD's Basic
         Service, as defined in WebMD's Terms of Service, ("the Subscriptions")
         commencing 1st March, 1999;

2.       The consideration for the purchase of the Subscriptions shall be the
         sum of $3,600,000, payable as set out in paragraph 4 below;

3.       DuPont shall be responsible for selecting the physicians who shall
         receive the Subscriptions and shall notify WebMD accordingly in
         writing;

4.       The fees for the Subscriptions referred to in paragraph 1 above shall
         be payable in monthly installments at the end of each calendar month
         of service. WebMD shall address all invoices to: E. I. du Pont de
         Nemours and Company, Beaumont Accounts Payable, P. O. Box 4908,
         Beaumont, Texas 77704. Invoices shall refer to the DuPont Purchase
         Order number (which shall be notified to WebMD in writing before
         commencement of the Subscriptions) and shall be payable on a net 30
         day basis;



                                       1
<PAGE>   2
5.       In the event that WebMD discontinues its service, no further
         subscription fees shall be payable by DuPont hereunder;

6.       The existing Confidentiality Agreement between DuPont and WebMD shall
         apply to the terms of this letter agreement;

7.       This letter agreement shall be governed by the substantive law of the
         state of Delaware, without reference to its conflicts of law rules or
         principles.

Please sign and return the enclosed copy of this letter indicating your
acceptance of its terms.

Sincerely,

         /s/

Thomas C. Humphrey
Vice President and General Manager
DuPont Nutrition and Health

The above terms are agreed for and on behalf of WebMD, Inc.



         /s/
---------------------------------------------------------------
Name:

Date:


                                       2
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-20194

Summary Calendar 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee 

v. 

DANIEL LARIOS-VILLATORO, 

Defendant-Appellant 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 4:15-CR-629-1 

Before JONES, WIENER, and CLEMENT, Circuit Judges. 

PER CURIAM:*

Daniel Larios-Villatoro appeals the 18-month sentence imposed when he 

pleaded guilty to being in the United States illegally after being deported. He 

contends that his offense level was improperly increased by eight levels due to 

a 2011 conviction for illegal reentry. He argues that the previous illegal 

reentry conviction should not have been treated as an “aggravated felony” 

because the 1996 Nebraska attempted-arson conviction that rendered the 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 4, 2017

Lyle W. Cayce 

Clerk

 Case: 16-20194 Document: 00513939470 Page: 1 Date Filed: 04/04/2017
No. 16-20194

2 

illegal reentry aggravated was itself not an aggravated felony. We need not 

revisit the underlying Nebraska felony because Larios-Villatoro concedes that 

the prior illegal reentry offense was an aggravated felony when he pleaded 

guilty in 2011. See United States v. Gamboa-Garcia, 620 F.3d 546, 548-49 (5th 

Cir. 2010). 

 Moreover, Larios-Villatoro fails to show that the Nebraska conviction 

was not an aggravated felony. He contends that could only qualify as an 

aggravated felony under the residual definition of “crime of violence” found at 

18 U.S.C. § 16(b), which he says is unconstitutional in light of Johnson v. 

United States, 135 S. Ct. 2551 (2015). That contention is foreclosed. See 

United States v. Gonzalez-Longoria, 831 F.3d 670, 675-77 (5th Cir. 2016) (en 

banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). The Government’s 

motion for summary affirmance is granted. We deny, as unnecessary, its 

alternative motion for an extension of time for briefing, and we affirm the 

judgment of the district court. 

 Larios-Villatoro moves for a stay of the appeal until the Supreme Court 

decides whether § 16(b) is unconstitutionally vague in Lynch v. Dimaya, 137 

S. Ct. 31 (2016) (granting certiorari). The motion is denied. Gonzalez-Longoria

is binding precedent unless overruled by this court en banc or by the Supreme 

Court. See United States v. Lipscomb, 299 F.3d 303, 313 & n.34 (5th Cir. 2002). 

A grant of certiorari does not in itself override this court’s precedent. See 

Wicker v. McCotter, 798 F.2d 155, 157-58 (5th Cir. 1986). 

JUDGMENT AFFIRMED; MOTION FOR SUMMARY AFFIRMANCE 

GRANTED; MOTION FOR AN EXTENSION OF TIME DENIED, MOTION 

TO STAY APPEAL DENIED. 

 Case: 16-20194 Document: 00513939470 Page: 2 Date Filed: 04/04/2017
[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Notices]
[Page 4139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1128]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 7 Taxpayer Advocacy Panel (Including the 
States of Alaska, California, Hawaii, and Nevada)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 7 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Wednesday, February 17, 2010.

FOR FURTHER INFORMATION CONTACT: Janice Spinks at 1-888-912-1227 or 
206-220-6098.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that a meeting of the Area 7 Taxpayer Advocacy Panel will be held 
Wednesday, February 17, 2010, at 2 p.m. Pacific Time via telephone 
conference. The public is invited to make oral comments or submit 
written statements for consideration. Due to limited conference lines, 
notification of intent to participate must be made with Janice Spinks. 
For more information please contact Ms. Spinks at 1-888-912-1227 or 
206-220-6098, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, 
WA 98174 or post comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: January 15, 2010.
Linda Rivera,
Senior Program Analyst, Taxpayer Advocacy Panel.
[FR Doc. 2010-1128 Filed 1-25-10; 8:45 am]
BILLING CODE 4830-01-P