alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.9

DEMAND PROMISSORY NOTE

|December 20, 2005 | Cdn. $2,000,000
|----------------- | ---------------







FOR VALUE RECEIVED, Vannessa Ventures Ltd., a corporation incorporated under the laws of British Columbia (the "Corporation") hereby promises to pay ON DEMAND to Exploram Enterprises Ltd., together with its successors and assigns (the "Holder"), the amount of Cdn. $2,000,000 (the "Advance Amount"), in lawful money of Canada at the principal offices of Exploram Enterprises Ltd.in Calgary, Alberta, and to pay interest on the outstanding Advance Amount at the rate of 9.5% per annum commencing on the date of this Promissory Note until full and final payment.  Interest accruing and due hereunder shall be payable in cash, monthly in arrears, on the last day of each month commencing on January 31, 2006 in lawful money of Canada, at Calgary, Alberta.





This Note is secured by a general security agreement provided by the Corporation to the Holder concurrently with this Note.  The Corporation undertakes that, within 7 days of receipt by the Corporation of a request for additional security from the Holder, the Corporation shall provide the Holder with a pledge of the shares of its subsidiaries accompanied by the relevant share certificates and the Corporation shall cause each of its subsidiaries to provide:  (i) an unconditional guarantee to the Holder guaranteeing all the obligations of the Corporation to the Holder; or (ii) a security interest in favour of the Holder over all of the respective assets and undertaking of each subsidiary.





The Corporation will pay on demand all costs of collection and legal fees on a solicitor and his own client full indemnity basis paid or incurred by the Holder in enforcing the obligations of the Corporation hereunder.



The Corporation waives presentment, demand, notice of dishonor, protest and all other demands and notices in connection with the delivery, acceptance, performance, default or enforcement of this Note.



No delay or omission on the part of the Holder in exercising any right hereunder shall operate as a waiver of such right or any other right under this Note.  No waiver of any right shall be effective unless in writing and signed by the Holder, nor shall a waiver on one occasion be construed as a bar to or waiver of any such right on any future occasion.



This Note shall be governed by and construed in accordance with the laws in force from time to time in the Province of Alberta, Canada, without regard to its choice of law principles.



Dated this 20th day of December, 2005.





VANNESSA VENTURES LTD.





By:



Name:



Title: President





By:



Name:



Title: Controller
Case 2:17-mj-07557-BSB Document 1 Filed 11/07/17 Page 1 of 4
Case 2:17-mj-07557-BSB Document 1 Filed 11/07/17 Page 2 of 4
Case 2:17-mj-07557-BSB Document 1 Filed 11/07/17 Page 3 of 4
Case 2:17-mj-07557-BSB Document 1 Filed 11/07/17 Page 4 of 4
#### In *the*Matter of Nicholas Ferraro, Petitioner, against James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents.

Supreme Court, Special Term, Queens County,

June *27,*1956.

*Anthony F. Zagame*for petitioner.

*Morrison, Peirez, Karmiol & Rosenthal*for Amelia M. Kuhlwilm, respondent.

L. Barron Hill, J.

Petitioner moves by show cause order to compel the Board of Elections of the City of New York to nullify its certification of a vacancy for the office of Democratic Committeeman in the 15th Election District, 4th Assembly District, Queens County, City of New York, and to issue a certification of election for that office to the petitioner herein.

At the primary election held on June 5, 1956, four men and four women appeared on the ballot in groups of four, two men at the top and two women at the bottom of each. After the *471primary election, three men and one woman, including petitioner, were *originally*certified by the Board of Elections as being the successful candidates, they having received the highest number of votes and were notified accordingly by letter. At a County Committee meeting, held on June 20, 1956, petitioner was notified in writing handed to him at the meeting that the Board of Elections had reversed its findings and declared that two male members and one female member were elected and that a vacancy existed for the other female member since the remaining three female members had received the same number of votes.

Rule 3 of section 2 of the Democratic County Committee Rules is as follows: *‘*‘ Members of the county committee from each election district shall be equally divided, as far as practicable between the sexes.”

The primary ballot was valid although it did not designate the candidates “ male ” and “ female ”. *(Matter of Calvin*v. *Board of Elections of Suffolk County,*255 App. Div. 721.) In the case at bar, the voter had reasonable notice of the sex of each candidate which is all that is required in order that he may vote intelligently.

Respondent argues that the words “ as far as practicable ” in the committee rules refers to a situation where the number is not equal in a particular district, or where there are no available candidates of one sex or the other. It would seem to me that the rule is one of policy and is not mandatory on the committee members or the voters. The voters have spoken and the will of the majority must be respected and given effect.

It follows that the motion is granted.

Submit order.
COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Humphreys and Senior Judge Overton

INTERNATIONAL PAPER COMPANY MEMORANDUM OPINION * v. Record No. 1233-05-1 PER CURIAM SEPTEMBER 13, 2005 KEITH A. TERRY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (Robert A. Rapaport; Jennifer Tatum Atkinson; Clarke, Dolph, Rapaport, Hardy & Hu ll, P.L.C., on brief), for appellant. (Matthew H. Kraft; Rutter Mills , L.L.P., on brief), for appellee.
International Paper Company appeals a decision of the Workers’ Compensation Commission that finds the Company failed to prove Keith A. Terry was fully able to perform the duties of his pre-injury work after June 11, 2003. We have reviewed the record and the commission’s opinion, and we hold that the appeal lacks merit. Accordingly, we affirm the commission’s decision for the reasons stated by the commission in its final opinion. See Terry v. International Paper Co. , VWC File No. 204-52-51 (April 29, 2005). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the materials before the C ourt and argument would not aid th e decisional process. See Code § 17.1-403; Rule 5A:27. Affirmed.

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Notices]
[Pages 24816-24817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12287]



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

DEPARTMENT OF LABOR
[TA-W-31, 798]


Miller Brewing Company, Milwaukee Brewery, Milwaukee, Wisconsin; 
Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By letter of March 28, 1996, the petitioners, Brewery Workers Local 
9, UAW (Amalgamated) AFL-CIO, requested administrative reconsideration 
of the Department of Labor's Notice of Negative Determination Regarding 
Eligibility to Apply for Worker Adjustment Assistance for workers of 
the subject firm. The denial notice was signed on February 27, 1996, 
and published in the Federal Register on March 19, 1996 (61 FR 11224).

[[Page 24817]]

    The petitioner presents evidence that the Department's analysis of 
U.S. imports of beer was incomplete.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the Department of 
Labor's prior decision. The application is, therefore, granted.

    Signed at Washington, D.C., this 29th day of April 1996.
Russell T. Kile,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-12287 Filed 5-15-96; 8:45 am]
BILLING CODE 4510-30-M
[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Page 26179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13232]



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

FARM CREDIT ADMINISTRATION


Farm Credit Administration Board; Sunshine Act Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given, pursuant to the Government in the 
Sunshine Act (5 U.S.C. 552b(e)(3)), that the June 13, 1996 regular 
meeting of the Farm Credit Administration Board (Board) will not be 
held and that a special meeting of the Board is scheduled for Tuesday, 
June 25, 1996 at 9:00 a.m. An agenda for this meeting will be published 
at a later date.

FOR FURTHER INFORMATION CONTACT: Floyd Fithian, Secretary to the Farm 
Credit Administration Board, (703) 883-4025, TDD (703) 883-4444.

ADDRESSES: Farm Credit Administration, 1501 Farm Credit Drive, McLean, 
Virginia 22102-5090.

    Dated: May 21, 1996.
Floyd Fithian,
Secretary, Farm Credit Administration Board.
[FR Doc. 96-13232 Filed 5-22-96; 9:15 am]
BILLING CODE 6705-01-P
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
UNITED STATES CODE)

In connection with the Annual Report of I-many, Inc., (the Company) on Form 10-K for the
year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of I-many, Inc., certifies, 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), as applicable, of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                                                             
|-----------------------------------------------------------------------------
|/s/    JOHN A. RADE                                                          
|Chairman, Chief Executive Officer and President (principal executive officer)

March 14, 2008



|                                                                                  
|----------------------------------------------------------------------------------
|/s/    KEVIN M. HARRIS                                                            
|Chief Financial Officer and Treasurer (principal financial and accounting officer)

March 14, 2008
**EXHIBIT 32**

 

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 Annual Report ofTac Asset Corp. (the "Company") on Form 10-KSB for the period ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Anthony N. DeMint, President and Chief Accounting 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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | /s/ Anthony N. DeMint                         |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Anthony N. DeMint                                                                                                                                                     |
|   | President and Chief Accounting Officer                                                                                                                                |
|   | March			13, 2006                                                                                                                                                      |
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection withthe Quarterly Report of Summer Infant, Inc. (the “Company”) on Form 10-Qfor the period ending March 31, 2010 (the “Report”), as filed with theSecurities and Exchange Commission on the date hereof, I, Jason Macari, ChiefExecutive Officer of the Company, certify, to my knowledge, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Actof 2002, that:

 

1.               The Report fully complies with the requirements ofsection 13 (a) or 15(d) of the Securities Exchange Act of 1934; and

 

2.               The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| /s/  Jason Macari       |               |   |
|-------------------------|--------------------|--------|
| Jason Macari            | May 11,  2010 |   |
| Chief Executive Officer |               |   |

 

----
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

GENTRUS THOMAS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D23-1222

[August 10, 2023]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; 

L.T. Case No. 432020CF000274.

Gentrus Thomas, Brooksville, pro se.

No appearance required for appellee.

PER CURIAM

Affirmed.

GROSS, MAY and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Hermene Sherwood, an Infant, by Ann Sherwood, Her Guardian ad Litem, Plaintiff, *v.*John McGowan et al., Doing Business as Hollywood Television Productions, et al., Defendants.

Supreme Court, Special Term, New York County,

April 13, 1956.

*Friedman & Graham*for plaintiff.

*John R. Schoemer, Jr.,*for defendant.

*235Aron Steuer, J.

On this motion for summary judgment several facts are in dispute. The question is whether any of these facts are so significant as to constitute an issue. Plaintiff is a young woman just short of 20 years of age. She was hired to appear in a film to be used on television and did so appear. She was paid a fee for the appearance. The nature of the film was a travelogue, one of a projected series. Prior to appearing plaintiff signed a general release after assuring her employers that she was of age. The film was never sponsored and the makers gave it to defendant, the operator of a television station, to show as defendant saw fit, no payment on either side being involved. At slack times defendant did show the film. The action is under the Civil Eights Law.

On these facts plaintiff shows no invasion of her civil rights and no breach of the statutes. Admittedly plaintiff not only consented to the use of her picture in the film but sought the employment and acted professionally in it. It may be that there are differences between the parties as to the use of the film. Plaintiff claims that the film was to be shown to potential sponsors only. If so, and she can show damage, exhibition otherwise would be a breach of contract. But having consented to the exhibition there is no invasion of privacy because not shown to the audience contracted for *(Gautier*v. *Pro-Football,*304 N. Y. 354).

Other factors alleged in the complaint such as plaintiff’s infancy and the invalidity of the release given by her are immaterial. The point is that resort to the statute under these circumstances perverts its purpose.

Plaintiff moved for summary judgment. On such a motion the court is required to give judgment to the party entitled to it regardless of which made the motion (Rules Civ. Prac., rule 112). Here there is no cause of action against the defendant served and judgment must be for it.
26556 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Notices

Estimated Time Per Respondent: 2

hours to process.

Estimated Annual Burden Hours: 100

hours.

Request for Comments: Comments

submitted in response to this notice will

be summarized and/or included in the

request for OMB approval. All

comments will become a matter of

public record. Comments are invited on:

(a) Whether the collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information shall have practical utility;

(b) the accuracy of the agency’s estimate

of the burden of the collection of

information; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

collection of information or

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Dated: May 14, 1996.

William B. Hoffman,

Chief Counsel, Office of Foreign Assets

Control, U.S. Department of the Treasury.

[FR Doc. 96–13209 Filed 5–24–96; 8:45 am]

BILLING CODE 4810–25–M

Internal Revenue Service

Commissioner’s Advisory Group:

Public Meeting

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of public meeting of

Commissioner’s Advisory Group.

SUMMARY: Public meeting of the

Commissioner’s Advisory Group (CAG)

will be held in Washington, DC.

DATES: The meeting will be held June

20, 1996.

FOR FURTHER INFORMATION CONTACT:

Merci del Toro at (202) 622–5081 (not

a toll-free number).

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 public meeting of the CAG will be

held on June 20, 1996, beginning at 10

a.m. in Room 3313, main Internal

Revenue Service building, 1111

Constitution Avenue, NW., Washington,

DC 20224. The agenda will include the

following topics: various IRS issue

updates and reports by the CAG

subgroups on Compliance, Small

Business, and Improving Services to

Customers.

Note: Last minute changes to the agenda or

order of topic discussion are possible and

could prevent effective advance notice.

The meeting will be in a room that

accommodates approximately 50

people, including members of the

Commissioner’s Advisory Group and

IRS officials. Due to the limited

conference space and security

specifications, notification of intent to

attend the meeting must be made with

Lorenza Wilds. Ms. Wilds can be

reached on (202) 622–6440 (not tollfree). Attendees are encouraged to allow

enough time to clear security at the 1111

Constitution Avenue, NW entrance.

If you would like to have the

Committee consider a written statement,

please call or write: Merci del Toro,

Office of Public Liaison, C:I, Internal

Revenue Service, 1111 Constitution

Avenue, NW., room 3308 IR,

Washington, DC 20224.

Dated: May 17, 1996.

Margaret Milner Richardson,

Commissioner of Internal Revenue.

[FR Doc. 96–13190 Filed 5–24–96; 8:45 am]

BILLING CODE 4830–01–U
YOUTHSTREAM MEDIA NETWORKS, INC.

                    Certification Pursuant to Section 13a-14
               of the Securities Exchange Act of 1934, as amended



     I, Jonathan Diamond, Interim Chief Executive Officer of YouthStream Media
Networks, Inc., certify that:

     1.   I have reviewed this annual report on Form 10-K of Youthstream Media
          Networks, Inc.

     2.   Based on my knowledge, this annual 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 annual 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.

Date:  October 1, 2002                      /S/ JONATHAN DIAMOND
                                            -----------------------------------
                                                Jonathan Diamond
                                                Interim Chief Executive Officer
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER OF

UNIVERSAL CITY FLORIDA HOLDING CO. I

PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the quarterly report of Universal City Florida Holding Co. I (the Company) on Form 10-Q for the period ending July 2, 2006 filed with the Securities and Exchange Commission on the
date hereof (the Report), I, John R. Sprouls certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 16, 2006



By:

/s/ JOHN R. SPROULSJohn R. SproulsPrincipal Executive Officer
Via Texas E-filing

April 27 , 2015

Honorable Christopher A. Prine
Clerk of the Court First Court of Appeals
301 Fannin Street Houston, Texas 77002-2066

Re: No. 79750

- CV , DONALD B. MULLINS and BLUE SKY RIGHT OF WAY, L.L.C. v. MARTINEZ ROW f/k/a and MARTINEZ INVESTMENTS; IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 149th JUDICIAL DISTRICT; On Appeal to FIRST COURT OF APPEALS, CAUSE NO. 01-15 -00152- CV

Dear Mr. Prine:

In further resp onse to the court’s letter dated March 27, 2015.

1. Appellants have ascertained that a brief Reporter ’ s Record was created on November 10, 2014, and/or February 10, 2015, in the 149 th District Court. These are the hearing dates in the trial court for the orders and judgment on appeal.

2. Appellants will immediately transmit payment to the court reporter for transcripts of these hearings on receipt of the estimate for preparation of these items.

3. Upon receipt of an estimated filing date for the Reporter ’ s Records, Appellants will file a motion to conform the Appellants ’ initial briefing deadline to the estimated filing date.

Thank you for your attention to this matter.

Sincerely,

Patrick F. Timmons, Jr.
cc: Ms. Leslie Shores ACCEPTED
01-15-00152-cv FIRST COURT OF APPEALS

HOUSTON, TEXAS 4/27/2015 4:55:01 PM CHRISTOPHER PRINE

CLERK