alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[661 NE2d 156, 637 NYS2d 684]

#### The People of the State of New York, Respondent, v Andrew Figgins, Appellant.

Argued October 24, 1995;

decided November 30, 1995

APPEARANCES OF COUNSEL

*Howard K. Broder,*Rochester, for appellant.

*Howard R. Relin, District Attorney*of Monroe County, Rochester *(Alan Cruikshank*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*841Supreme Court promised defendant that it would sentence him to *21h*to 5 years and temporarily release him on his own recognizance in exchange for his guilty plea to attempted burglary in the second degree, provided that he (1) return to court for sentencing in six weeks, (2) not get rearrested during that six-week period while the Probation Department conducted its presentence investigation, and (3) cooperate with the Probation Department in that investigation. Supreme Court advised defendant that in the event any one of these three conditions was violated, the court would not be bound by the plea agreement and could sentence him to *71h*to 15 years. Defendant failed to return to court on the scheduled sentencing date and a bench warrant was issued. When defendant was brought into court on the warrant, the People informed the court that defendant had been arrested on two felonies during his presentence release. Supreme Court ordered defendant held without bail pending sentencing. Defendant subsequently moved to withdraw his guilty plea. Supreme Court denied the motion, noting that the colloquy regarding the plea agreement was clear. Supreme Court imposed an enhanced sentence of 31/2 to 7 years.

Defendant’s failure to appear in court on the scheduled sentencing date constituted a violation of the plea agreement. Therefore, Supreme Court was no longer bound by the plea promise and could properly impose an enhanced sentence *(see, People v Avery,*85 NY2d 503, 507; *People v Seaberg,*74 NY2d 1, 7; *People v Selikoff,*35 NY2d 227, 238, *cert denied*419 US 1122). Under these facts, there was no need for Supreme Court to afford defendant an opportunity to challenge the foundation of his postplea arrests in accordance with *People v Outley*(80 NY2d 702, 713, *habeas corpus denied sub nom. Maietta v Irvin,*1995 WL 505558 [SD NY]), based on the independent, legally valid basis for the enhanced sentence.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Order affirmed in a memorandum.
June 26, 2016





 



 








Peter McAree


10 South Barn Road


Hopkinton, MA 01748


 







 


Dear Peter,


 


Reference is made to the employment letter (the “Agreement”) between you, HeartWare, Inc. and HeartWare International (the “Company”), dated June 18, 2012, as amended from time to time.  You and the Company desire to amend the Agreement in the manner described below.


 



	
  

	
1.

	
Total Salary.  The definition of “Total Salary” in your Agreement shall be replaced by the following:







 


“Total Salary” means your current Base Salary plus your current target annual cash bonus assuming 100% corporate and individual achievement.


 



	
  

	
2.

	
No Other Changes. The terms and conditions of the Agreement, to the extent not modified hereby, will continue to apply as specified in the Agreement.







 


To indicate your acceptance of these updated terms and conditions of your employment, please sign below.



 



	 	

Sincerely,

	 
	 	HEARTWARE INTERNATIONAL, INC.	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	BY:	 /s/ Douglas Godshall	 
	 	Title:   	Title: President & CEO	 





 


 


 


 


 


 




  





  











  







 



	 	HEARTWARE, INC.	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	BY:	 /s/ Douglas Godshall	 
	 	Title:   	President & CEO	 





 






 


 



	

Accepted and agreed:

	 
	 	 
	 	 
	 	 
	 	 
	 /s/ Peter McAree	 
	

Peter McAree
EX-35 (n)
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank N.A.


March 12, 2007

LARES ASSET SECURITIZATION, INC.
101 California St.
13th Floor
San Francisco, CA 94111

RE: Annual Statement As To Compliance for Luminent Mortgage Trust 2006-7

Per Section 4.02 of the Pooling Agreement, dated as of 12/1/2006, the
undersigned Officer of Wells Fargo Bank, N.A., (Securities Administrator),
hereby certifies the following for the 2006 calendar year or portion thereof:

(A)     a review of such party's activities during the preceding calendar year
        or portion thereof and of such party's performance under this Agreement,
        or such other applicable agreement in the case of a Servicing Function
        Participant, has been made under such officer's supervision and

(B)     to the best of such officer's knowledge, based on such review, such
        party has fulfilled all its obligations under this Agreement, or such
        other applicable agreement in the case of a Servicing Function
        Participant, in all material respects throughout such year or portion
        thereof, or, if there has been a failure to fulfill any such obligation
        in any material respect, specifying each such failure known to such
        officer and the nature and status thereof.


Certified By:
/s/ Kristen Ann Cronin
Kristen Ann Cronin, Vice President

Certified By:
/s/ Gordon Johnson
Gordon Johnson, Assistant Secretary
1

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Dennis F. Dunne (admitted pro hac vice) 

Samuel A. Khalil (admitted pro hac vice)

MILBANK LLP

55 Hudson Yards

New York, New York 10001-2163

Telephone: (212) 530-5000

Facsimile: (212) 530-5219

and

Gregory A. Bray (SBN 115367)

Thomas R. Kreller (SBN 161922) 

MILBANK LLP

2029 Century Park East, 33rd Floor

Los Angeles, CA 90067

Telephone: (424) 386-4000

Facsimile: (213) 629-5063

Counsel for the Official Committee

of Unsecured Creditors

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION

-andPACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtors.

Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

 Affects PG&E Corporation

 Affects Pacific Gas and Electric Company

▪ Affects both Debtors

* All papers shall be filed in the Lead Case,

No. 19-30088 (DM)

NOTICE OF FILING OF MOTION OF 

THE OFFICIAL COMMITTEE OF 

UNSECURED CREDITORS FOR AN 

ORDER AUTHORIZING THE FILING OF 

A SUPPLEMENTAL OBJECTION 

UNDER SEAL

[No Hearing Requested]

Case: 19-30088 Doc# 2879 Filed: 07/05/19 Entered: 07/05/19 16:56:26 Page 1 of

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PLEASE TAKE NOTICE that on July 5, 2019, the Official Committee of 

Unsecured Creditors (the “Creditors’ Committee”) filed a motion (the “Motion”) pursuant to 

sections 105(a) and 107(b) of title 11 of the United States Code and Rule 9018 of the Federal Rules 

of Bankruptcy Procedure for entry of an order authorizing the Creditors’ Committee to file under 

seal its unredacted supplemental objection to the Debtors’ Motion Pursuant to 11 U.S.C. §§ 363 

and 105(a) and Fed. R. Bankr. P. 6004 Authorizing Debtors to Purchase Directors and Officers 

Insurance [Docket No. 2471]. In support of the Motion, the Creditors’ Committee also filed the 

Declaration of Gregory A. Bray contemporaneously therewith.

Dated: July 5, 2019

MILBANK LLP 

/s/ Gregory A. Bray 

GREGORY A. BRAY

Counsel for the Official Committee of Unsecured 

Creditors

Case: 19-30088 Doc# 2879 Filed: 07/05/19 Entered: 07/05/19 16:56:26 Page 2 of

2
##### 



Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350
AND EXCHANGE ACT RULE 13a-14(b)
  (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 results of operations of the Company. of the
Company.
 Date: November 4, 2005
    /s/ René J. RobichaudRené J. RobichaudChief Executive Officer
NS Group, Inc.
United States Court of Appeals Fifth Circuit 

## FILED April 8, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-20516 USDC No. 4:03-CV-1344 USDC No. 4:03-CV-1343 USDC No. 4:03-CV-1342 USDC No. 4:03-CV-1341 USDC No. 4:03-CV-1340

BRENDA SUE BAILEY; JOHN ALLEN BABIN; CHARLES FRANCIS COLEMAN; JAMES ARNOLD SCHNUR; RALPH F. SCHNUR, Petitioners-Appellants,

versus CHARLES ROSENTHAL, District Attorney for Harris County Texas, Respondent-Appellee.

------------------------------------------------------------ JOHN ALLEN BABIN, Petitioner-Appellant,

versus CHARLES ROSENTHAL, District Attorney for Harris County Texas, Respondent-Appellee.

------------------------------------------------------------ CHARLES FRANCIS COLEMAN, Petitioner-Appellant,

versus CHARLES ROSENTHAL, District Attorney for Harris County Texas, Respondent-Appellee.* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. 2 ----------------------------------------------------------------- JAMES ARNOLD SCHNUR, Petitioner-Appellant,

versus CHARLES ROSENTHAL, District Attorney for Harris County Texas, Respondent-Appellee.

------------------------------------------------------------ RALPH F. SCHNUR, Petitioner-Appellant,

versus CHARLES ROSENTHAL, District Attorney for Harris County Texas, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas

(USDC No. 03-CV-1340)

-------------------- PER CURIAM: * The appellants in this case appeal from the dismissal of their 28 U.S.C. § 2241 petitions. A certificate of appealability (“COA”) is required to appeal “the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court.” 28 U.S.C. § 2253(c)(1)(A). Because the appellants are seeking release from the pending state3

criminal proceedings against them, a COA is required before they can proceed on appeal. Stringer v. Williams , 161 F.3d 259, 261- 622 (5th Cir. 1998). The district court must make the initial determination whether a COA should issue. Muniz v. Johnson , 114 F.3d 43, 45 (5th Cir. 1997). Accordingly, the case is REMANDED to the district court for the limited purpose of the district court’s issuance of a COA ruling. Once the district court has issued its ruling, this court will consider the case.
Exhibit 32.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. section1350,
                             AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Certified Technologies Corporation
(the "Company") on Form 10-Q for the period ended December 31, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Chloe DiVita, Treasurer, Secretary and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. section1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d),
as applicable, 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 results of operations of the Company.



BY(Signature)                         /s/ Chloe DiVita
(Name and Title)                      Chloe DiVita,
                                      Treasurer, Secretary and Chief
                                      Financial Officer
(Date)                                February 13, 2008











                                  End of Filing
EX-33.4
(logo) FIS
TAX SERVICES
A DIVISION OF FIDELITY NATIONAL INFORMATION SERVICES

FIS Tax Services
3100 New York Drive, Suite 100
Pasadena, CA 91107
tel: 626.345.2010 * 866-457.4112
fax: 626.398.5205


Management Compliance Statement


Management of FIS Tax Services (FIS) and formerly known as LSI Tax Services, is
responsible for assessing compliance with applicable servicing criteria set
forth in Item 1122(d) of Regulation AB of the Securities and Exchange
Commission relating to residential mortgage loans (the Platform), except for
General Servicing Consideration criteria (i) - (iv), Cash Collections and
Administration (i) - (vii), Investor Remittances and Reporting (i) - (iv), and
Pool Asset Administration (i) - (x), (xiv), and (xv), which FIS has determined
are not applicable to the activities it performs with respect to the Platform.

FIS' management has assessed the effectiveness of the Company's compliance with
the applicable servicing criteria as of and for the year ended 2007. In making
this assessment, management used the criteria set forth by the Securities and
Exchange Commission in paragraph (d) of Item 1122 of Regulation AB. FIS has
determined the following servicing criteria in paragraph (d)(4) of Item 1122
are applicable to the activities it performed with respect to the Platform:

(xi)   Payments made on behalf of an obligor (such as tax or insurance
       payments) are made on or before the related penalty or expiration dates,
       as indicated on the appropriate bills or notices for such payments,
       provided that such support has been received by the servicer at least 30
       calendar days prior to these dates, or such other number of days
       specified in the transaction agreements.

(xii)  Any late payment penalties in connection with any payment to be made on
       behalf of an obligor are paid from the servicer's funds and not charged
       to the obligor, unless the late payment was due to the obligor's error
       or omission.

(xiii) Disbursements made on behalf of an obligor are posted within two
       business days to the obligor's records maintained by the servicer, or
       such other number of days specified in the transaction agreements.

Based on such assessment, management believes that, as of and for the year
ended December 31, 2007, FIS has complied in all material respects with the
servicing criteria set forth in Item 1122(d) of Regulation AB of the Securities
and Exchange Commission relating to the servicing of the Platform.

KPMG LLP, a registered public accounting firm, has issued an attestation report
with respect to management's assessment of compliance with the applicable
servicing criteria as of and for the year ended 2007.

To the best of my knowledge and belief, based on such assessment, FIS has
fulfilled all of its applicable obligations throughout the reporting period.



/s/ Darryl A. De Bond
Darryl A. De Bond
Executive Vice President

January 05, 2008
#### John J. Hanna, Plaintiff, v. Mary M. G. Lawrence, Defendant.

—Motion for new trial denied, and judgment ordered for plaintiff on the verdict. Opinion by

Smith, P. J.
Exhibit 32.2

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

I, Jeanne Mok, principal accounting officer of K-9 Concepts, Inc., certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-KSB of K-9
Concepts, Inc., for the fiscal year ended August 31, 2007 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934 and that the information contained in the Annual Report on Form 10-KSB
fairly presents in all material respects the financial condition and results of
operations of K-9 Concepts, Inc.


/s/ Jeanne Mok
------------------------------------
Jeanne Mok
Principal Accounting Officer
November 16, 2007
[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Pages 27844-27845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11744]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12157 and <greek-i>12158]


Alabama Disaster Number AL-00031

AGENCY: Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Alabama 
(FEMA-1908-DR), dated 05/03/2010.
    Incident: Severe Storms, Tornadoes, Straight-line Winds, and 
Flooding.
    Incident Period: 04/24/2010 through 04/25/2010.

DATES: Effective Date: 05/07/2010.
    Physical Loan Application Deadline Date: 07/02/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/03/2011.

ADDRESSES: Submit completed loan applications to: Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

[[Page 27845]]


SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Alabama, dated 05/03/2010, is hereby amended to include the following 
areas as adversely affected by the disaster.

Primary Counties: Walker.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2010-11744 Filed 5-17-10; 8:45 am]
BILLING CODE 8025-01-P
Exhibit 10.2


 





 


July 23, 2014


 


InspireMD, Inc.


800 Boylston Street, Suite 1600


Boston, MA 02199


Attn: Craig Shore


 


AMENDMENT NO. 2


 


			Re:        Loan and Security Agreement dated as of October 23, 2013 (as may be amended
from time to time) by and between InspireMD, Inc. and Inspire M.D LTD (individually and collectively, referred to as “Borrower”)
and Hercules Technology Growth Capital, Inc. (“Lender”) (the“Agreement”)



 


This letter will serve as an amendment by
Lender of the requirement set forth in Section 7.14 of the Agreement. Section 7.14 is hereby amended and restated as follows:


 


7.14 Designated Account. Maintain at all times in
the Designated Account cash and cash equivalents, which shall be deemed to include (even though not held in the Designated Account)
cash collected from Receivables by Inspire M.D Ltd. and InspireM.D GmbH within the previous 7 days, and cash transferred to Inspire
M.D Ltd. (outside of the Designated Account) for the settlement of Permitted Indebtedness within the following 7 days, in each
unrestricted and unencumbered, in an aggregate amount of at least the lesser of (a) an amount equal to one hundred percent (100.0%)
of the then outstanding principal amount of the Term Loan Advance and (b) an amount equal to seventy-five percent (75.0%) of the
aggregate amount of all of Borrower’s worldwide cash and cash equivalents.


 


The foregoing amendment is limited to the
modification described herein and the Agreement shall otherwise remain unchanged in all respects.


 


Should you have any questions regarding
this amendment No. 2, please do not hesitate to call me at (650) 289-3078.


 


	AGREED AND ACKNOWLEDGED BY:
	 
	HERCULES TECHNOLOGY GROWTH CAPITAL, INC.
	 	 
	/s/ Ben Bang	 
	Name: Ben Bang	 
	Title: 	 


 




     

     


    

 


	INSPIREMD, INC.	 
	 	 
	/s/ Craig Shore 	 
	Name: Craig Shore	 
	Title: CFO	 
	 	 
	INSPIRE M.D. LTD.	 
	 	 
	/s/ Craig Shore 	 
	Name: Craig Shore	 
	Title: CFO	 


 


	400
    Hamilton Avenue
	Suite
    310
	650.289.3060
	 
	Palo
    Alto, CA  94301
	650-289-3060
	650.473.9194
	www.HerculesTech.com


 




    	- 2 -
Case: 19-30088 Doc# 2585 Filed: 06/18/19 Entered: 06/18/19 14:35:41 Page 1 of

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**Exhibit 31.1**

**CertificationPursuant To Section 302 Of The Sarbanes-Oxley Act Of 2002(Chapter 63, Title 18 U.S.C. Section 1350(A) And (B))**

I, Timothy D.Leuliette, certify that:

1.                I have reviewedthis quarterly report on Form 10-Q of Metaldyne Corporation;

2.                Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.                Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.                The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

a)                Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)               Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)                Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.                The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and to the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

a)                All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and

b)               Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

| Date: November 10, 2006 | */*s/ TIMOTHY D. LEULIETTE |   |
|------------------------------|-------------------------------------------|--------|
| ** **                   | Timothy D.  Leuliette                     |
| * *                     | *Chairman  and Chief Executive Officer*   |

 

----