alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.27 


 


AMENDMENT TO INX LIMITED SUBSCRIPTION
ESCROW AGREEMENT


  


This Amendment (this “Amendment”) is entered into
January 15, 2020 by and between INX Limited (“INX”) and Metropolitan Commercial Bank (“Bank”).


  


RECITALS


 


WHEREAS, the parties have entered into that certain Subscription
Escrow Agreement (“Agreement”), executed as of January 9, 2020; and


  


WHEREAS, The parties have agreed that the Agreement is to be
revised to reflect the correct account number on the Bank’s system for the subject escrow account to be subject to the Agreement.


  


NOW THEREFORE, in consideration of the promises and covenants
set forth above and contained herein, the parties agree as follows:


  


AMENDMENT TO AGREEMENT


 


All references to the Escrow
Account are hereby changed from Account number XXXXXX adjusting it to XXXXXX


  


By executing this Amendment below, each
of the undersigned parties hereby certifies that it understands its contractual obligations and shall comply with them. The parties
agree that the Agreement, as amended by this Amendment, shall otherwise remain in full force and effect in accordance with its
terms, except as specifically amended herein, with effect from and including the date hereof. In the event of a conflict, ambiguity
or contradiction in terms, this Amendment shall control.


  


IN WITNESS WHEREOF, Program Manager and Bank have executed this
Amendment as of the date set forth above.


 


	INX Limited	 	Metropolitan Commercial Bank  (“Bank”)
	 	 	 
	By 	 /s/ Alan Silbert 	 	By 	/s/ Nick Rosenberg 
	Name & Title:   Alan Silbert, Director 	 	Name & Title:  Nick Rosenberg, EVP
	 	 	 
	 	 	By 	/s/ Michael A. Guarino 
	 	 	Name & Title:  Michael A. Guarino, EVP


 


Amendment,
Metropolitan Commercial Bank 1 | 1
EXHIBIT 31.1



CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO SECTION 302 OF THE

SARBANES-OXLEY ACT OF 2002 AS AMENDED



I, Jugal K. Taneja, certify that:



1. I have reviewed this quarterly report on Form 10-Q of DrugMax, 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 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 report;



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



a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period that this report is being prepared;



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



c) Disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth quarter in this case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over financial reporting;



5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal controls over financial reporting, to the registrants auditors and the audit committee of
registrants board of directors (or persons performing the equivalent function):



a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are
reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants
internal control over financial reporting.



|                         |  |     |  |                        
|------------------------ |  | --- |  | -----------------------
|Dated: November 10, 2004 |  | By: |  | /s/ Jugal K. Taneja    
|                         |  |     |  | Jugal K. Taneja        
|                         |  |     |  | Chief Executive Officer
#### SMITH & SOLOMON TRUCKING, CO. v. LOCAL MOTOR FREIGHT DRIVERS, DOCKMEN AND HELPERS, LOCAL UNION NO. 701.

October 13, 1987.

Petition for certification denied.
EXHIBIT 32.2

CERTIFICATION OF PERIODIC REPORT

In connection with the Quarterly Report of Dynacq Healthcare, Inc. (the
Company) on Form 10-Q for the quarterly period ended February 28, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Philip S. Chan, 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, 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.

April 14, 2006



|                       
|-----------------------
|/s/ Philip S. Chan     
|Philip S. Chan         
|Chief Financial Officer

This certification is made solely pursuant to the requirement of Section 1350 of 18 U.S.C., and is not for
any other purpose.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-628
In Re: JOHNNIE N. ROWE, Petitioner.
On Petition for Writ of Mandamus. (CR-94-11821, CR-94-20097) Submitted: September 30, 1998 Decided: October 14, 1998 Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges. Petition denied by unpublished per curiam opinion. Johnnie N. Rowe, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Johnnie Rowe, a North Carolina inmate, filed this petition for a writ of mandamus asking this court to compel the district court to address on the merits his motion to dismiss his criminal conviction. The granting of a writ of mandamus is a drastic remedy to be used in extraordinary circumstances. See In re Beard , 811 F.2d 818, 826 (4th Cir. 1987). A petitioner must show that he has a clear right to the relief sought, that the respondent has a clear duty to perform the act requested by petitioner, and that there is no other adequate remedy available. See In re First Fed. Sav. & Loan Ass’n , 860 F.2d 135, 138 (4th Cir. 1988). Rowe has failed tomake the requisite showing for such extraordinary relief. Accordingly, we deny his petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1077 Engrossed in House (EH)]

<DOC>
H. Res. 1077

                In the House of Representatives, U. S.,

                                                    September 26, 2018.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider the conference report to accompany the bill (H.R. 6157) making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2019, and for other purposes. All points of order against the 
conference report and against its consideration are waived. The conference 
report shall be considered as read. The previous question shall be considered as 
ordered on the conference report to its adoption without intervening motion 
except: (1) one hour of debate; and (2) one motion to recommit if applicable.
    Sec. 2.  Upon adoption of this resolution it shall be in order without 
intervention of any point of order to consider in the House the resolution (H. 
Res. 1071) recognizing that allowing illegal immigrants the right to vote 
devalues the franchise and diminishes the voting power of United States 
citizens. The resolution shall be considered as read. The previous question 
shall be considered as ordered on the resolution and preamble to adoption 
without intervening motion or demand for division of the question except one 
hour of debate equally divided and controlled by the chair and ranking minority 
member of the Committee on the Judiciary.
    Sec. 3.  It shall be in order at any time on the legislative day of 
September 27, 2018, or September 28, 2018, for the Speaker to entertain motions 
that the House suspend the rules as though under clause 1 of rule XV. The 
Speaker or his designee shall consult with the Minority Leader or her designee 
on the designation of any matter for consideration pursuant to this section.
            Attest:

                                                                          Clerk.
```
STATE OF MINNESOTA IN SUPREME COURT A15-0768 

# Faep

July 23, 2015 OFFICE OF APPELLATE C TS
In re Petition for Disciplinary Action against William Michael Sheahan, a Minnesota Attorney, Registration No. 0288123.
ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent William Michael Sheahan has committed professional misconduct warranting public discipline, namely, assisting his client in the fraudulent transfer of assets during a lawsuit; failing to inform opposing counsel of an asset purchase agreement and its impact on his client's ability to honor a settlement agreement; making false statements in response to discovery requests and failing to produce information sought in discovery; manufacturing documents to falsify evidence payment made by his clients and producing them in discovery; and failing to provide information sought by the Director, in violation of Minn. R. Prof. Conduct 1.2(d), 3.1, 3.3(a)(1) and (3), 3.4(a) and (b), 4.1, 8.1, 8.4(c) and (d), and Rule 25, Rules on Lawyers Professional Responsibility (RLPR). Respondent waives his rights under Rule 14, RLPR, unconditionally admits the allegations in the petition, and with the Director recommends that the appropriate discipline is an indefinite suspension with no right to petition for reinstatement for 9 months.
1The court has independently reviewed the file and approves the recommended

disposition. Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. Respondent William Michael Sheahan is indefinitely suspended from the practice of law, effective 14 days from the date of the filing of this order, with no right to petition for reinstatement for 9 months. 2. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24, RLPR. 3. Respondent may petition for reinstatement pursuant to Rule 18(a)-(d), RLPR. Reinstatement is conditioned on successful completion of the professional responsibility portion of the state bar examination and satisfaction of continuing legal education requirements pursuant to Rule 18(e), RLPR. Dated: July 23, 2015 BY THE COURT:

Alan . age Associate Justice

2
**CERTIFICATION******Re: **Morgan  Stanley  Bank  of  America  Merrill  Lynch  Trust  2014-C18,****Commercial  Mortgage  Pass-Through  Certificates,  Series  2014-C18**(the  "Transaction"), issued  pursuant  to  the  Pooling  and  Servicing  Agreement  dated  as  of  September  1,  2014  (the "Pooling and Servicing  Agreement"), executed in connection with  the Transaction (capitalized terms  used  but  not  defined  herein  have  the  meanings  set  forth  in  the  Pooling  and  Servicing Agreement). __________________________________________ I, Kevin Ng, 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 Morgan Stanley Bank of America Merrill Lynch Trust 2014-C18 (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(s) required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports,  the  servicers  have  fulfilled  their  obligations  under  the  servicing  agreement(s)  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 parties: •  U.S.  Bank  National  Association,  as  trustee,  certificate  administrator  and    custodian •  Wells Fargo Bank, National Association, as master servicer •  Rialto Capital Advisors, LLC, as special servicer •  Park Bridge Lender Services LLC, as trust advisor 2 •  CoreLogic  Commercial  Real  Estate  Services,  Inc.,  as  a  servicing  function    participant  •  National Tax Search, LLC, as a servicing function participant 3 Date:  March 25, 2015 By /s/ Kevin Ng       Name: Kevin Ng       Title: President (senior officer in charge of securitization of the Depositor)
#### Charles A. SCARBORO, Plaintiff-Appellant, v. FIRST AMERICAN NATIONAL BANK OF NASHVILLE, Defendant-Appellee.

No. 78-1066.

United States Court of Appeals, Sixth Circuit.

Argued Feb. 6, 1980.

Decided May 9, 1980.

*622Charles Patrick Flynn, Nashville, Tenn., for plaintiff-appellant.

William N. Ozier, Bass, Berry & Sims, Nashville, Tenn., for defendant-appellee.

Before KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges, and PECK, Senior Circuit Judge.

PER CURIAM.

Plaintiff-appellant Charles Scarboro brought this action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621*et seq.*On the basis of our decision in *Morelock v. NCR Corp.,*546 F.2d 682 (6th Cir. 1976), the district court specifically denied Scarboro’s request for a jury trial made at the time he filed his complaint.

*Morelock,*however, has been superseded by *Lorillard v. Pons,*434 U.S. 575, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978), in which the Supreme Court recognized a general statutory right to trial by jury in Age Discrimination in Employment Act suits. We acknowledged and adopted this rule in *Ott v. Midland-Ross Corp.,*600 F.2d 24 (6th Cir. 1979).

The Act itself was amended two months after *Lorillard.*Section 7 now reads:

> (2) In an action brought under paragraph (1) , [29 U.S.C. 626(c)] a person shall be entitled to a trial by jury of any issue of fact in any such action for recovery of amounts owing as a result of a violation of this chapter, regardless of whether equitable relief is sought .

29 U.S.C. § 626(c)(2). *See Slatin*v. *Stanford Research Institute,*590 F.2d 1292 (4th Cir. 1979).

The defendant, First American National Bank, contends that Scarboro waived his right to a jury trial and urges us to accept the substantive determination of the district court. Defendant points out that *Lor-illard*was decided six weeks before plaintiff filed his brief on appeal and argues against retrospective application of that case, citing *Chevron Oil v. Huson,*404 U.S. 97, 92 S.Ct. 349, 30 L.Ed.2d 296 (1971).

We are not persuaded by the defendant’s arguments. The Supreme Court has held, and Congress has provided, that private litigants under the Act are entitled to a jury trial. We must apply the statute in its present form unless our doing so would result in “manifest injustice” or unless “there is statutory direction or legislative history to the contrary.” *Bradley v. School Board of City of Richmond,*416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974); *Hercules, Inc. v. EPA,*598 F.2d 91 (D.C. Cir. 1978). In this case, neither limiting condition exists. The new legislation does not evince a nonretroactive scheme, and we do not believe that a jury resolution of plaintiff’s claims poses any threat of “injustice” to either party.

*623Accordingly, we remand this case to the district court for a trial by jury pursuant to 29 U.S.C. § 626(c)(2).
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

J.P. Morgan Chase CommercialMortgage Securities Corp. 

383 Madison Avenue

31st Floor

New York, New York 10179

 

Re: Annual Statement ofCompliance for JPMBB Commercial Mortgage Securities Trust 2014-C21, CommercialMortgage Pass-Through Certificates, Series 2014-C21

 

Per the Pooling and ServicingAgreement dated as of July 1, 2014 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout the ReportingPeriod.

 

 

February 27, 2017

 

  

/s/ Brian Smith

BRIAN SMITH

Vice President 

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-60256

 

PETER CLAYTON McCLENDON

Plaintiff-Appellant

versus

CITY OF COLUMBIA; ET AL

Defendants

CITY OF COLUMBIA; JAMES R. CARNEY

Defendants-Appellees

- - - - -

Appeal from the United States District Court for the

Southern District of Mississippi

- - - - -

ON PETITION FOR REHEARING EN BANC

(Opinion July 26, 2001, 5 Cir., 2001, _____F.3d____)

(March 13, 2002)

BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,

SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,

BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit

Judges.

BY THE COURT:

A member of the Court in active service having requested

a poll on the petition for rehearing en banc and a majority of

the judges in active service having voted in favor of granting a

rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the

court en banc with oral argument on a date hereafter to be fixed. 

The Clerk will specify a briefing schedule for the filing of

supplemental briefs.
#### DIANA MELVILLE JOHNSON FIRESTONE AND JOHN SEWARD JOHNSON, JR. v. ALBERT W. MERCK, RAYMOND BATEMAN AND WILLIAM DYKEMAN.

November 2, 1987.

Cross-petitions for certification denied.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DANIEL LEWIS and CHERYL LEWIS
, Appellant,

v.

AMERICAN BUILDERS AND CONTRACTORS SUPPLY COMPANY, INC. d/b/a ABC SUPPLY CO., INC.
, Appellee

.

No. 4D 21

- 614

[ July 1, 2021 ]

Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County ; Daniel J. Kanner , Judge; L.T. Case No. COCE06

- 16571, CACE20

- 3809

.

Colleen Kathryn O 'Loughlin of Colleen Kathryn O'Loughlin, P.A., Fort Lauderdale, for appellant.

William J. Marell and Ferris G. Solomon, Jr. of Glickman, Witters & Marell, P.A., West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

K LINGENSMITH

, K UNTZ

, and A RTAU

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
IV 

115TH CONGRESS 

2D SESSION H. RES. 1106 

Supporting the designation of October 6, 2018, as National Ostomy 

Awareness Day. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2018 

Mr. PAYNE (for himself, Ms. CLARKE of New York, Mr. SOTO, Ms. JACKSON

LEE, Mr. MCEACHIN, Mr. RASKIN, Mr. MEEKS, Mr. TAKANO, and Mr. 

THOMPSON of Mississippi) submitted the following resolution; which was 

referred to the Committee on Oversight and Government Reform 

RESOLUTION 

Supporting the designation of October 6, 2018, as National 

Ostomy Awareness Day. 

Whereas an ostomy is a type of surgery that creates an opening in the abdomen that allows for the removal of bodily 

waste when a person has lost the normal function of digestive or urinary systems due to birth defects, colorectal 

cancer, bladder cancer, Crohn’s disease, ulcerative colitis, 

and other medical conditions; 

Whereas an ostomy is also necessary in cases of severe abdominal or pelvic trauma resulting from accidents or 

from injuries sustained during military service; 

Whereas approximately 725,000 to 1,000,000 people in the 

United States have an ostomy or continent diversion, 


amozie on DSK3GDR082PROD with BILLS
2 

•HRES 1106 IH 

with approximately 100,000 new ostomy procedures performed each year; 

Whereas ostomy or continent diversion surgery can occur at 

any age and does not lower life expectancy; 

Whereas through the efforts of ostomy support organizations, 

people needing these surgeries are becoming more aware 

of the opportunities for education, mutual aid, advocacy, 

and support that are of such great benefit to them and 

their families; 

Whereas the aim of National Ostomy Awareness Day is to 

work toward a society where people with ostomies and intestinal or urinary diversions are universally accepted and 

supported socially, economically, medically, and psychologically; 

Whereas public education and awareness is vital to ensure 

those who are living with an ostomy face no discrimination and are accepted as normal, healthy individuals; 

Whereas through education and awareness we can erase the 

myths, stigma, and embarrassment that are sometimes 

associated with having an ostomy; 

Whereas there is a deep commitment to the proper care and 

advancement of knowledge about bowel and urinary diversion surgery as a result of birth defects, disease, injury, and other digestive disorders; and 

Whereas to increase public acceptance of ostomy surgery and 

continent diversion surgery and to remind those who have 

had surgery in the United States that by raising awareness they can help the world better understand this lifesaving surgery and help people receive better ostomy 

care: Now, therefore, be it: 

1 Resolved, That the House of Representatives— 


amozie on DSK3GDR082PROD with BILLS
3 

•HRES 1106 IH 

1 (1) supports the goals and ideals of National 

2 Ostomy Awareness Day; and 

3 (2) encourages the people of the United States 

4 to observe the day with the appropriate awareness 

5 and educational activities. 

Æ 


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