alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.429


 


ASSIGNMENT OF CONTRACT


 


This ASSIGNMENT OF CONTRACT (the “Assignment”)
is made and entered into this 26 day
of October 2004 by INLAND REAL
ESTATE ACQUISITIONS, INC., an Illinois corporation (“Assignor”)
and INLAND WESTERN GURNEE, L.L.C., a Delaware limited liability company (“Assignee”).


 


Assignor does hereby sell, assign, transfer, set over and convey unto
Assignee all of its right, title and interest as Purchaser under that certain
Agreement of Purchase and Sale dated as of October 5, 2004, as amended, and
entered into by Rubloff Gurnee Town Centre, L.L.C., an Illinois limited
liability company, as Seller, and Assignor, as Purchaser (collectively, the “Agreement”), solely as the Agreement applies to the sale
and purchase of the property described by the Agreement, located in Gurnee,
Illinois, and known as Gurnee Town Centre.


 


Assignor represents and warrants that it is the Purchaser under the
Agreement, and that it has not sold, assigned, transferred, or encumbered such
interest in any way to any other person or entity. By acceptance hereof,
Assignee accepts the foregoing Assignment and agrees, from and after the date
hereof, to (i) perform all of the obligations of Purchaser under the Agreement,
and (ii) indemnify, defend, protect and hold Assignor harmless from and against
all claims and liabilities arising under the Agreement.


 


 


	
   

  	
  ASSIGNOR:

  
	
   

  	
   

  
	
   

  	
  INLAND REAL ESTATE ACQUISITIONS, INC., an

  Illinois corporation

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ G. Joseph Cosenza

  	
   

  
	
   

  	
  Name:

  	
  G. JOSEPH COSENZA

  	
   

  
	
   

  	
  Title:

  	
  PRESIDENT

  	
   

  



 


 


	
   

  	
  ASSIGNEE:

  
	
   

  	
   

  
	
   

  	
  INLAND WESTERN GURNEE, L.L.C., a Delaware

  limited liability company

  
	
   

  	
   

  
	
   

  	
  By:

  	
  Inland Western Retail Real Estate Trust, Inc., a

  Maryland corporation, its sole member

  
	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ Debra A. Palmer

  	
   

  
	
   

  	
   

  	
  Name:

  	
  Debra A. Palmer

  	
   

  
	
   

  	
   

  	
  Title:

  	
  Asst Secretary
##### 



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

In connection with this quarterly report on Form 10-Q of Maxco, Inc. (the
Company) for the period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Vincent Shunsky, as
Chief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2) Information contained in this Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.

|                        |  |                                                            
|----------------------- |  | -----------------------------------------------------------
|Date:   August 14, 2003 | 
|                       
|                        |  | /s/ Vincent Shunsky
Vincent Shunsky
Chief Financial Officer

A signed original of this written statement required by Section 906 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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-4567

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

PANFILO BAUTISTA-MARCIAL,

Defendant - Appellant.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. William L. Osteen, 

Jr., Chief District Judge. (1:11-cr-00383-WO-1)

Submitted: January 22, 2013 Decided: January 24, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen III, Federal Public Defender, Mireille P. Clough, 

Assistant Federal Public Defender, Winston-Salem, North 

Carolina, for Appellant. Angela Hewlett Miller, Assistant 

United States Attorney, Greensboro, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Panfilo Bautista-Marcial pled guilty to transferring 

false identification documents and possession of five or more 

false identification documents. The district court sentenced 

him to 37 months’ imprisonment on each charge, to run 

concurrently. Bautista-Marcial’s counsel filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), 

stating that, in counsel’s view, there are no meritorious issues 

for appeal, but questioning whether Bautista-Marcial’s sentence 

was reasonable. Bautista-Marcial was advised of his right to 

file a pro se supplemental brief, but has not done so. Finding 

no reversible error, we affirm.

We have reviewed Bautista-Marcial’s sentence and 

conclude that it was properly calculated and that the sentence 

imposed was reasonable. See Gall v. United States, 552 U.S. 38, 

51 (2007); see United States v. Llamas, 599 F.3d 381, 387 (4th 

Cir. 2010). The district court followed the necessary 

procedural steps in sentencing Bautista-Marcial, appropriately 

treated the Sentencing Guidelines as advisory, properly 

calculated and considered the applicable Guidelines range, and 

weighed the relevant 18 U.S.C. § 3553(a) (2006) factors in light 

of Bautista-Marcial’s individual characteristics and history. 

We conclude that the district court did not abuse its discretion 

in imposing the chosen sentence. See Gall, 552 U.S. at 41; 
3

United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007) 

(applying appellate presumption of reasonableness to within 

Guidelines sentence).

In accordance with Anders, we have reviewed the entire 

record in this case and have found no meritorious issues for 

appeal. This court requires that counsel inform BautistaMarcial, in writing, of the right to petition the Supreme Court 

of the United States for further review. If Bautista-Marcial

requests that a petition be filed, but counsel believes that 

such a petition would be frivolous, then counsel may move in

this court for leave to withdraw from representation. Counsel’s 

motion must state that a copy thereof was served on BautistaMarcial. We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

AFFIRMED
<partyblock><br><br><div align="center"><b><font size="+1">Bronx Acupuncture Therapy, P.C., as Assignee of Rafael Uribe, Respondent,<br><br>against<br><br>A. Central Ins. Co., Appellant.</font></b></div><br><br><p>Gullo &amp; Associates, LLC (Natalie Socorro, Esq.), for appellant.Gary Tsirelman, P.C. (Stephen Gurfinkel, Esq.), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered January 8, 2015. The order denied defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion which sought summary judgment dismissing the complaint on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs).</p><p>In support of its motion, defendant submitted an affidavit by the operations manager of Transcion Medical, P.C., which had been retained by defendant to schedule IMEs, which affidavit sufficiently established that the IME scheduling letters had been timely mailed (<i>see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co.</i>, 50 AD3d 1123 [2008]). Defendant also established that the assignor had failed to appear for the duly scheduled IMEs (<i>see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.</i>, 35 AD3d 720 [2006]). Thus, defendant demonstrated that plaintiff had failed to comply with a condition precedent to coverage (<i>id. </i>at 722). As defendant's moving papers established that defendant had timely denied <i>(see St. <font color="FF0000">[*2]</font>Vincent's Hosp. of Richmond</i>, 50 AD3d 1123) the claims on that ground, and plaintiff failed to raise a triable issue of fact in opposition to defendant's motion, defendant was entitled to summary judgment dismissing the complaint.</p><p>Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.</p><p>PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: December 22, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
#### Jayne A. Hillebert, Respondent, v Dale A. Lee et al., *884Appellants.

Judgment unanimously affirmed with costs. Memorandum: Plaintiff was injured when she slipped and fell on defendants’ premises. Defendants appeal from the judgment in favor of plaintiff, contending that the trial court erred in instructing the jury about two sections of the Property Rehabilitation and Conservation Code of the City of Jamestown, which Code had been declared unconstitutional by Supreme Court, County of Chautauqua, in a prior action between a property owner and the City of Jamestown. The determination in the prior action was not binding upon defendants because they were not parties to the prior action. In that action, Supreme Court found that the Code was unconstitutional because certain provisions, particularly the provision containing the definition of unfit premises, were too vague to be enforced. In our view, however, the vague portions do not render the entire Code unconstitutional. The provisions of the Code charged to the jury are sufficiently specific and objective to meet defendants’ challenge of unconstitutionality.

Moreover, even if it were error to charge the provisions of the Code, the error was not prejudicial to defendants because those provisions paralleled the provisions of the State Building Code, which were also charged to the jury. (Appeal from judgment of Supreme Court, Chautauqua County, Ricotta, J.— negligence.) Present—Doerr, J. P., Boomer, Lawton, Davis and Lowery, JJ.
```

[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Notices]
[Page 50329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19908]

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

FEDERAL RESERVE SYSTEM

Government in the Sunshine; Meeting Notice

Agency Holding the Meeting:  Board of Governors of the Federal Reserve 
System.

Time and Date:  11:30 a.m., Tuesday, September 2, 2008.

Place:  Marriner S. Eccles Federal Reserve Board Building, 20th and C 
Streets, NW., Washington, DC 20551.

Status:  Closed.

Matters to be Considered: 
    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal Reserve 
System employees.
    2. Any items carried forward from a previously announced meeting.

FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave 
Skidmore, Assistant to the Board, Office of Board Members at 202-452-
2955.

SUPPLEMENTARY INFORMATION: You may call 202-452-3206 beginning at 
approximately 5 p.m. two business days before the meeting for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting; or you may contact the Board's Web site at 
http://www.federalreserve.gov for an electronic announcement that not 
only lists applications, but also indicates procedural and other 
information about the meeting.

    Dated: August 22, 2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
 [FR Doc. E8-19908 Filed 8-22-08; 4:15 pm]
BILLING CODE 6210-01-P
```
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Motion Granted; Abatement Order filed July 2, 2013

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 13

- 00008

- CR

____________ EX PARTE ISIDRO RUIZ

On Appeal from the 208th District Court

Harris County, Texas Trial Court Cause No. 789378

- A



### ABATEMENT ORDER
The trial court failed to submit findings of fact and conclusions of law on the denial of appellant’s application for writ of habeas corpus. Article 11.072, section 7(a) of the Texas Code of Criminal Procedure requires the trial court to make
written fact findings and conclusions of law when denying application for writ of habeas corpus unless the court denies the application as frivolous. Tex. Code
Crim. Proc. Ann. art. 11.072 ' 7(a). The statute is mandatory and the proper procedure to correct the erro r is to abate the appeal and direct the trial court to make the required findings and conclusions. See Ex parte Enriquez , 227 S.W.3d779, 784 (Tex. App.

— El Paso 2005, pet. ref’d). Appellant filed a motion to abate,

which is granted.
Accordingly, the tria l court is directed to reduce to writing its findings of fact and conclusions of law on the denial of appellant’s application for writ of habeas corpus and have a supplemental clerk’s record containing those findings
filed with the clerk of this Court on o r before August 1 , 2012

. The appeal is abated, treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on this Court’s active docket when the trial court’s findings and recommendations are filed in this Court. The Court will also consider an appropriate motion to reinstate the appeal filed by either party.

It is so ORDERED.

PER CURIAM
exv10w20



 






EXHIBIT 10.20




SECOND AMENDMENT

TO

ALLERGAN, INC.

PENSION PLAN

(RESTATED 2003)




     The Section 2.14(d) of the Allergan, Inc. Pension Plan (the “Plan”) is hereby amended as
follows:




     (d) For purposes of this Section and notwithstanding paragraph (a) above, (i)
for periods on or after January 1, 2005, Earnings shall not include lump sum amounts
paid to Employees under the Company’s vacation buy-back policy, (ii) for periods
beginning on or after January 1, 2003, if a Participant is not an Active Participant
at any time during the month, he or she shall be deemed to have no Earnings for that
month, (iii) for the period beginning on April 1, 2001 and ending on December 31,
2002, if a Participant is an Employee at any time during a month, Earnings for that
month shall be the Earnings actually paid to the Participant during such month, and
(iv) for periods prior to April 1, 2001, if a Participant is not an Employee for the
entire month, he or she shall be deemed to have no Earnings for that month.



     IN WITNESS WHEREOF, Allergan, Inc. hereby executes this Second Amendment to the Allergan, Inc.
Pension Plan on this 19th day of October, 2004.



ALLERGAN, INC.




	 	 	 	 	 
	BY:

	 	/S/ Douglas S. Ingram
	 	 
	

	 	 	 	 
	

	 	Douglas S. Ingram	 	 
	

	 	Executive Vice President, General Counsel and Secretary
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


In connection with the Quarterly Report of Portsmouth Square, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended December 31, 2003,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I David T. Nguyen, Treasurer and Controller of the Company,
serving as Chief Financial Officer, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
to the best of my knowledge, 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: February 13, 2004                         /s/ David T. Nguyen
                                                ----------------------------
                                                David T. Nguyen, Treasurer
                                                and Controller (serving as
                                                Chief Financial Officer)




[A signed original of this written statement required by Section 906 has been
provided to Portsmouth Square, Inc. and will be retained by Portsmouth
Square, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.]
Exhibit 31.1



CERTIFICATION



I, Barbara Garafalo, certify that:



1.	I have reviewed this report on Form 10-K and
all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of STRATS Trust For
Allstate Corporation Securities, Series 2006-3 (the “Exchange Act periodic reports”);



2.	Based on my knowledge, the Exchange Act periodic
reports, taken as a whole, do 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, all of the distribution,
servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the
Exchange Act periodic reports;



4.	Based on my knowledge and the servicer compliance
statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports,
the servicer has fulfilled its obligations under the servicing agreement in all material respects; and



5.	All of the reports on assessment of compliance
with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing
criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange
Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any
material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.



In giving the certifications above, I have reasonably relied
on information provided to me by the following unaffiliated party: The Bank of New York Mellon, as Trustee.





|Dated:
March 31, 2015 | By: | /s/                                                       | Barbara Garafalo
|--------------------- | --- | --------------------------------------------------------- | ----------------
|                      |     |                                                           | Barbara Garafalo
|                      |     |                                                           | Vice President  
|                      |     | (senior officer of depositor in charge of securitization)
|                      |     |                                                           |                 
|                      |     |                                                           |