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


FIRST AMENDMENT

TO

AGREEMENT FOR PURCHASE AND SALE 



 

THIS FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE (herein called this "Amendment") is made and entered into as of the 27th day of July, 2009, by and between USI II, LLC, a Delaware limited liability company (herein, "Seller"), and Strategic Capital Holdings, LLC, a Virginia limited liability company (formerly known as U.S. Commercial LLC) (herein, "Buyer"). 



W I T N E S S E T H:



WHEREAS, Seller and Buyer heretofore entered into that certain Agreement for Purchase and Sale dated effective June 10, 2009 (herein, the "Contract"), respecting that certain improved real property located at 69 Mallory Avenue, Jersey City, New Jersey; and



WHEREAS, Seller and Buyer desire to modify the Contract in certain respects, all as more particularly set forth below.

NOW, THEREFORE, for and in consideration of the foregoing premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:



1.Purchase Price.  Section 2 of the Contract is deleted in its entirely and the following is substituted therefore:


"2.PURCHASE PRICE.The purchase price ("Purchase Price") for the Property, shall be the sum of Eleven Million Six Hundred Twenty Five Thousand and no/100 Dollars ($11,625,000.00) payable in cash at Closing (as hereinafter defined), by wire transfer of immediately available funds." 




2.Miscellaneous.  



(a)  Seller and Buyer hereby ratify the Contract in accordance with its terms, as modified hereby.



(b)To the extent not otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings ascribed to them in the Contract.



(c)This Amendment shall be binding upon the parties hereto and their respective successors and permitted assigns.



(d)This Amendment may be executed in a number of identical counterparts.  If so executed, each of such counterparts shall be deemed an original for all purposes, and such counterparts shall, collectively, constitute one agreement.



(e)For purposes of this Amendment, signatures delivered by facsimile or electronic mail shall be as binding as originals upon the parties so signing and delivering.

(f)In the event of a conflict between the terms of this Amendment and the terms of the Contract, the terms of this Amendment shall control.



(g)The captions and headings used in this Amendment are for convenience only and do not in any way restrict, modify or amplify the terms of this Amendment or the Contract.

 

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.

SELLER:



USI II, LLC, a Delaware limited liability company

By: /s/ Jeffrey P. Foster

Name: Jeffrey P. Foster

Title: Vice President 



BUYER:



Strategic Capital Holdings, LLC, a Virginia limited liability company (formerly known as U.S. Commercial LLC) 



By: /s/ H. Michael Schwartz

Name: H. Michael Schwartz

Title: President
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#### James S. Packard, Respondent, v. Albert Pulitzer, Appellant.

Order affirmed, with costs and disbursements.

Opinion by

Barnard, P.J.
EXHIBIT 32.1





SECTION 1350 CERTIFICATION





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 Online Vacation Center Holdings Corp. (the "Company") on Form 10-Q for the quarter ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Edward B. Rudner, Chief Executive Officer and 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 results of operations of the Company.








Date: May 10, 2010








/s/ Edward B. Rudner


Edward B. Rudner


Chief Executive Officer and Chief Financial Officer







Asigned original of this written statement required by Section 1350 of Title 18 of the United States Code has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.




The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 1350 of Title 18 of the United States Code and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing).
[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Notices]
[Page 66796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31243]



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

DEPARTMENT OF DEFENSE

Office of the Secretary


Joint Military Intelligence College; Closed Meetings

AGENCY: Defense Intelligence Agency, Joint Military Intelligence 
College, DOD.

ACTION: Notice of closed meeting.

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

SUMMARY: Pursuant to the provisions of Subsection (d) of Section 10 of 
Public Law 92-463, as amended by Section 5 of Public Law 94-409, notice 
is hereby given that a closed meeting of the DIA Joint Military 
Intelligence College Board of Visitors has been scheduled as follows.

DATES: Thursday, 11 January 1996, 0900 to 1700; and Friday, 12 January 
1996, 0830 to 1530.

ADDRESSES: The DIAC, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Mr. A. Denis Clift, President, DIA Joint Military Intelligence College, 
Washington, DC 20340-5100 (202/231-3344).

SUPPLEMENTARY INFORMATION: The entire meeting is devoted to the 
discussion of classified information as defined in Section 552b(c)(1), 
Title 5 of the U.S. Code and therefore will be closed. The Board will 
discuss several current critical intelligence issues and advise the 
Director, DIA, as to the successful accomplishment of the mission 
assigned to the Joint Military Intelligence College.

    Dated: December 19, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-31243 Filed 12-22-95; 8:45 am]
BILLING CODE 5000-04-M
#### Albert N. Russell and another, as Receivers, Respondents, v. The Schenectady Gas-Light Company, Appellant.

Judgment affirmed, with costs.

Hardin, P. J., not sitting.
Fourth Court of Appeals

San Antonio, Texas

November 10, 2022

No. 04-22-00630-CR

EX PARTE Juan Esteban VASQUEZ-BAUTISTA

From the County Court, Webb County, Texas

Trial Court No. 2022CRB000723L1

Honorable Leticia Martinez, Judge Presiding

ORDER

Appellant’s motion for extension of time to file his brief is GRANTED. Appellant’s brief 

is due January 3, 2023. Further extensions of time will be disfavored.

_________________________________

Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 10th day of November, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
**Exhibit 32.2**

**CERTIFICATION**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

I, Chene Gardner, Principal Financial and AccountingOfficer of Helmer Directional Drilling Corp. (the “Company”) certify that:

 

1. I have reviewed the annual report on Form10-K of the Company;

 

2. Based on my knowledge, this annual reportdoes 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 thisannual report; and

 

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 Company as of, and for, the period presented in this annual report.

 

Date: September 23, 2013

 

/s/ Chene Gardner

Chene Gardner

Principal Financial and Accounting Officer
| (1)   | Such Quarterly Report on Form 10-Q for the period ended June 30, 2012, 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 such Quarterly Report on Form 10-Q for the period ended June 30, 2012, fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                             |   |                                     |   |
|----------------------------------|--------|------------------------------------------|--------|
| Date: August 9, 2012   | By:    | /s/ Peter Hellwig         |   |
|                             |   | Peter Hellwig                            |   |
|                             |   | Principal Executive OfficerStakool, Inc. |   |
Exhibit 32.2

Certification Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and accompanies the annual report on
Form 10-K (the "Form 10-K") for the year ended December 31, 2010 of Manhattan Bancorp (the "Company").

I,
Dean Fletcher, Executive Vice President and Chief Financial Officer of the Company, certify that, to the best of my knowledge:



Dated:
March 30, 2011

/s/ DEAN FLETCHER Dean Fletcher Executive Vice President and Chief Financial Officer


---



QuickLinks
SECOND AMENDMENT TO LEASE AGREEMENT--1230 SIMON CIRCLE



 Exhibit 10.3 
 SECOND AMENDMENT TO LEASE AGREEMENT 
 This Second Amendment (“Amendment”) is effective
May 1, 2009, supplements and amends the Standard Industrial/Commercial Multi-Tenant Lease Net Agreement dated September 15, 2003 (“the Lease”), between EMC Associates, L.P., (“Lessor”), and Dynamic
Details, Inc., a California corporation, (“Lessee”), with respect to the following: 
 RECITALS 
 A. Lessor and Lessee entered into the Lease for the property located at 1230 Simon Circle, Anaheim, California. The Lease was extended pursuant to the
First Amendment to Lease dated March 20, 2008. 
 B. The Lease, as amended, expires September 30, 2009, and Lessor and Lessee
mutually desire to extend the term of the Lease. 
 AGREEMENT 
 NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, Lessor and Lessee agree as follows: 
 1. Term. Subject to the terms and provisions of this Amendment, the term of the Master Lease shall be extended for the period October 1, 2009 through September 30, 2012 (“Extension Term”).

 2. Base Rent. Base Rent of as set forth herein shall be paid monthly as follows: 
  

					
	October 1, 2009-September 30, 2010	  	$7,425.00 per month	  	
	October 1, 2010-September 30, 2011	  	$7,647.75 per month	  	
	October 1, 2011-September 30, 2012	  	$7,877.18 per month	  	

 3. Cooperation; Continuing Obligations. Lessor and Lessee agree to perform any further acts
and execute and deliver documents reasonably necessary to carry out the provisions of this Amendment. Except as modified by this Amendment, all covenants, conditions and agreements between Lessor and Lessee under the Lease shall continue in full
force and effect. 
 4. Authority. Lessee has not heretofore assigned or otherwise transferred any right or interest in the Lease, the
individuals signing this Amendment on behalf of Lessee have been duly authorized and the Amendment adopted by appropriate resolutions which are in full force and effect, and Lessee has full and complete authority to execute the within Amendment
without any additional approval or consent. 
 5. Recitals Incorporation. The foregoing Recitals contained in this Amendment are
incorporated into the parties agreements. 
 6. Counterparts. This Amendment may be executed in multiple counterparts, each of which
shall be an original and all of which shall be read together as one instrument. 
  

 Page 1 of 2 








 IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the date hereinabove written.

  

									
		 	 “Lessor”
 EMC Associates
	 		 		 	 “Lessee”
 Dynamic Details, Inc., a
California Corporation

					
		 	/s/ Matt Clabaugh	 		 		 	/s/ Mikel Williams
		 	Matt Clabaugh	 		 		 	Mikel Williams
	 Its:
	 		 		 	 Its:
	 	President
					
		 	 	 		 		 	/s/ Kurt E. Scheuerman
		 		 		 		 	Kurt E. Scheuerman
	 Its:
	 		 		 	 Its:
	 	Vice President

  

 Page 2 of 2
Exhibit 32.1

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 Washington Banking Company (the Company) on Form 10-Q for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John L Wagner, 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 as of, and for, the periods presented in the Report.

This certification is being furnished solely to comply with the requirements of 18 U.S.C. Section 1350, and shall not be incorporated by reference into any of the Companys filings under the Securities Act of 1933 or the Securities Exchange Act of 1934, or otherwise be deemed to be filed as part of the Report or under such Acts.

/s/ John L. WagnerJohn L. WagnerChief Executive Officer

November 6, 2009

---
Exhibit 32.2

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly
Report of Washington Banking Company (the Company) on Form 10-Q for the period
ended June 30, 2004, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Phyllis A. Hawkins, 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 as of,
          and for, the periods presented in the Report.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certification is being furnished
solely to comply with the requirements of 18 U.S.C. Section 1350, and shall not be
incorporated by reference into any of the Companys filings under the Securities Act
of 1933 or the Securities Exchange Act of 1934, or otherwise be deemed to be filed as part
of the Report or under such Acts.

/s/ Phyllis A. Hawkins

Phyllis A. HawkinsChief Financial
Officer

August 13, 2004
#### Louisville, Evansville and St. Louis Railroad Company v. Jennie Harlan.

*Practice—Bill of*Exceptions—Judgment—R *miittitur—New Trial.*

1. This court will not be justified in considering the finding of the trial court, where the bill of exceptions does not purport to contain all the evi„ dence.

2. This court will not consider a complaint alleging the admission of improper evidence when primarily made herein.

3. A judgment for a larger sum than is claimed may be cured by a *remittitur*in this court of the excess.

[Opinion filed November 1, 1889.]

Appeal from the Circuit Court of Wayne County; the Hon. C. S. Conger, Judge, presiding.

Mr. J. R. Creighton, for appellant.

Hessrs. Hanna & Hanna, for appellee.

Reeves, P. J.

The bill of exceptions incorporated in the record in this case, does not purport to contain all the evidence heard by the court below. The rule is too well established to be disregarded, thatwhere the bill of exceptions does not state that it contains all the evidence heard by the trial court, the Appellate Court will not be justified in looking into the record to determine whether the finding of the trial court was correct or not. Nimmo v. Kuykendall, 85 Ill. 476; James v. Dexter, 113 Ill. 654.

As to the first error assigned, that the court admitted improper evidence on the part of plaintiff, in looking into the record, we do not find any objection by the defendant to any of the evidence offered by the plaintiff. The' last error *545assigned, that the judgment was for §150 when plaintiff’s evidence only claimed §135, is cured by the appellee entering in this court a *remittitur*of §15. No proposition of law was submitted to the trial court, the case having been tried by the court without a jury; therefore no question of law is before us aside from what might have arisen on the action of the court in overruling the motion for a new trial, had the bill of exceptions been made up, so that we could have looked into the bill of exceptions to see if the plaintiff, under the law, had made out a case; but, as we have seen, from this inquiry we are precluded, by the failure of the bill of exceptions to state that it contained all the evidence heard by the trial court.

The judgment of the Circuit Court is affirmed.

*Judgment affirmed.*
#### NAOMI ELMORE v. DUDLEY SHOALS COTTON MILLS COMPANY.

(Filed 2 July, 1930.)

Appeal by defendant from *Shaw, J.,*at November Term, 1929, of MeckxeNbukg.

Civil action to recover damages for an alleged negligent injury occasioned by a revolving shaft, located in the basement of defendant’s mill, catching plaintiff’s clothing and injuring her severely.

It is admitted that on or about 1 October, 1915, the plaintiff, at that time a little girl about ten years of age, was injured in defendant’s mill, but it is denied that she was in the employ of the defendant, or was permitted to work in the defendant’s mill in violation of the State child labor law. Largely upon this question, with evidence *pro*and *con,*the case was made to turn in the court below.

The jury returned the following verdict:

“1. Was the plaintiff employed or permitted to work in defendant’s mill, while under 12 years of age, as alleged in the complaint ? Answer: Yes.

“2. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes.

“3. What damages, if any, is plaintiff entitled to recover ? Answer: $8,000.”

From a judgment on the verdict, the defendant appeals, assigning errors.

*Garswell & Ervin and John M. Robinson for plaintiff.*

*J. F. Newell and J. N. McLain for defendant.*

Bek CueiaM.

On controverted issues of fact, the jury has found in favor of the plaintiff. The case was tried in substantial conformity to the principles of law applicable and the authoritative decisions on the *804subject. We have found no ruling or action on the part of the learned trial judge which we apprehend should be held for reversible error. Hence, the verdict and judgment will be upheld.

The motion for a new trial on the ground of newly discovered evidence is without controlling merit, and must be overruled as not meeting the requirements laid down for such motions in *Johnson v. R. R.,*163 N. C., 431, 79 S. E., 690.

No error.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: James Deaver Services, Inc. v. Don Mafrige

Appellate case number: 01

- 22

- 00194

- CV

Trial court case number: 21

- CV

- 0386

Trial court: 56th District Court of Galvesto n County

Appellant Jame s Deaver Services, Inc. ( “ JDSI ” ) has filed a motion indicating that trial of

the case underlying this inter locutory appeal is set for September 26, 2022. JDSI seeks a stay of

trial court proceedings pending determination of this app eal.

The Court requests a response. Appellee Don Mafrige ’ s re sp onse is due Wednesday,

Se ptember 7, 2022.

It is so ORDERED.

Judge’s signature:

_____

/s/ Peter Kelly

_______  Acting individually  Acting for the Court

Panel consists of Justices Kelly, Rivas

- Molloy, and Guerra

Date: ____ September 2, 2022

___