alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2


 


TERM LOAN NOTE







	
$2,500,000

	
May 12, 2015


	 	
New York, New York










FOR VALUE RECEIVED, the undersigned, RICEBRAN TECHNOLOGIES, a California corporation (“Borrower”), HEREBY UNCONDITIONALLY PROMISES TO PAY to FULL CIRCLE CAPITAL CORPORATION, as agent on behalf of the Lenders (as defined in the Agreement referred to herein), and its successors and assigns (“Agent”), for its account, on behalf of Lenders (as defined in the Agreement referred to herein), on the Maturity Date (as defined in the Agreement referred to herein), TWO MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,500,000), as set forth in the Agreement.







Borrower promises to pay interest on the unpaid principal amount hereunder from the date hereof until such principal amount is paid in full, at the interest rates as provided in the Agreement.







Both principal and interest are payable, at such times as are specified in the Agreement, in lawful money of the United States of America and in immediately available funds at Agent’s office at 102 Greenwich Avenue, 2nd Floor, Greenwich, Connecticut 06830, or at such other place as Agent may from time to time designate in writing.







This Term Loan Note is the evidence of the Term Loan referred to in, and is subject to and is entitled to the benefits of, that certain Loan, Guaranty and Security Agreement, dated as of May 12, 2015 (as same may be amended, restated, amended and restated, supplemented, renewed, extended, replaced, or otherwise modified from time to time, the “Agreement”), by and among Borrower, Agent and Lenders.  The Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain stated events and also for prepayments on account of principal hereof prior to the maturity hereof upon the terms and conditions therein specified.







The Term Loan made by Agent, for the benefit of Lenders, to Borrower pursuant to the Agreement may, but is not required to be, endorsed by Agent on the schedule attached hereto, or on a continuation of such schedule attached to and made a part hereof.







This Term Loan Note shall be governed by and construed in accordance with the substantive laws (other than conflict of law provisions and principles) of the State of New York.







All capitalized terms herein shall have the same meaning as set forth in the Agreement, except as otherwise specifically defined herein.







 [Remainder of Page Intentionally Left Blank


Signature Page Follows.]


 








IN WITNESS WHEREOF, the undersigned Borrower has executed this Term Loan Note as of the date set forth above.







	 	
RICEBRAN TECHNOLOGIES,

	
	 	
a California corporation

	
	 		 	
	 	
By:

	
/s/ J. Dale Belt

	
	 		
J. Dale Belt, CFO and Executive VP
# United Stat es Court of A ppeals For the First C ircuit

No. 00-1497 UNITED STATES, Appellee,

v. RAMON RAMIREZ-BENITEZ, a/k/a SEALED DEFENDANT 12,

a/k/a EL VIEJO, a/k/a MONCHO.

ERRATA SHEET The opinion of this Court issued on June 4, 2002 is amended as follows: Page 4, line 12 should be: "attorney. See infra , for more details of the colloquy."
### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,
v. No. 02-4263



# 
J ERMAINE M AURICE H ARRIS ,

Defendant-Appellant. 

# 
Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-00-331-L) Submitted: August 16, 2002 Decided: September 3, 2002 Before LUTTIG and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

COUNSEL James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, Christopher J. Romano, Assistant United States Attorney, Baltimore, Maryland, for Appellee.Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION
PER CURIAM: Jermaine Maurice Harris appeals his conviction following a jurytrial of one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (2000). Harris was sentenced to sixtythree months in prison and three years of supervised release. We affirm. Harris argues the district court erred when it gave a jury instructionregarding flight. The district court’s decision to give the jury instruction and the content of the instruction are reviewed for abuse of discretion. United States v. Russell , 971 F.2d 1098, 1107 (4th Cir. 1992). Generally, a consciousness of guilt may be deduced from evidence of flight, and a jury’s guilty finding may be supported by consciousness of guilt. United States v. Obi , 239 F.3d 662, 665 (4th Cir.), cert. denied , 122 S. Ct. 86 (2001). In order for a flight instruction to be appropriate, the evidence must establish all the supporting inferences that link the flight to consciousness of guilt for the crime charged. Id. Thus, the evidence must establish that the defendant fled or attemptedto flee, and the evidence must support "inferences that (1) the defendant’s flight was the product of consciousness of guilt, and (2) his consciousness of guilt was in relation to the crime with which he was ultimately charged and on which the evidence is offered." Id. We have reviewed the evidence in light of these considerations and find no abuse of discretion. We therefore affirm Harris’ conviction.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.
AFFIRMED 2 U NITED S TATES v. H ARRIS
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
COMPANY'S 3/RD/ QUARTER 10-Q FOR 1998. AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH (B). 
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> USD
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          16,214
<SECURITIES>                                     6,726
<RECEIVABLES>                                   40,923
<ALLOWANCES>                                     1,255
<INVENTORY>                                     41,292
<CURRENT-ASSETS>                               112,992
<PP&E>                                          32,119
<DEPRECIATION>                                  14,940
<TOTAL-ASSETS>                                 145,144
<CURRENT-LIABILITIES>                           38,037
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           139
<OTHER-SE>                                     106,968
<TOTAL-LIABILITY-AND-EQUITY>                   145,144
<SALES>                                        117,966
<TOTAL-REVENUES>                               135,022
<CGS>                                           65,516
<TOTAL-COSTS>                                   77,899
<OTHER-EXPENSES>                                39,726
<LOSS-PROVISION>                                    90
<INTEREST-EXPENSE>                                 213
<INCOME-PRETAX>                                 17,848
<INCOME-TAX>                                     6,412
<INCOME-CONTINUING>                             11,436
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,436
<EPS-PRIMARY>                                      .90
<EPS-DILUTED>                                      .85
        

</TABLE>
EX 10.1C Termination Letter




Exhibit C
TERMINATION LETTER


May 5, 2015


Mr. Delbert Humenik 
2200 W. Airfield Drive  
P.O. Box 619810
DFW Airport, TX  75261




Dear Del: 
 
Please find attached a description of the payments and benefits that are due to you upon  the termination of your employment with the company.  These amounts and the timing of such payments are subject to the terms and conditions of their respective plans and your Separation Agreement and Release.  


Amounts payable to you may be subject to Section 409A of the Internal Revenue Code of 1986, as amended (“409A”), including, but not limited to, the cash severance and other benefits described in the materials included here.  Any payments found to be subject to 409A must be delayed until a date that is at least six (6) months later than your last day worked at the company.  Failure to comply with the delayed payment requirement may result in the imposition of an additional 20% tax applied to amounts subject to 409A, in addition to your ordinary, applicable employment and income taxes.  You would be solely responsible for the payment of any taxes arising under 409A. 


As you know, benefits that are offered pursuant to the Dex Media, Inc. Severance Plan - Executive Vice Presidents and Above are subject to your proper execution of the Separation Agreement and Release.
 



Sincerely,


/s/ Debra M. Ryan


Debra M. Ryan
EVP, Human Resources 
 
  
2200 West Airfield Dr., TX 29, P.O. Box 619810, D/FW Airport, TX 75261, DexMedia.com
EXHIBIT 99.2


     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 annual report of Choice One Communications Inc. (the
"Company") on Form 10-K (the "Report") for the year ended December 31, 2002 as
filed with the Securities and Exchange Commission on the date hereof, I, Ajay
Sabherwal, 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, to the best of 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.






/s/Ajay Sabherwal
---------------------
Ajay Sabherwal
Chief Financial Officer
March 31, 2003
#### Michelle Askin, Appellant, v Department of Education of the City of New York, Respondent, et al., Defendant.

[973 NYS2d 629]

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered June 15, 2012, which, insofar as appealed from as limited by the briefs, granted defendants-respondents’ motion to dismiss the complaint as against them, unanimously affirmed, without costs.

Plaintiff alleges that, during the relevant period of the 2010-2011 school year, she was 54 years old and serving as the *622principal of a school she had founded. She received satisfactory performance reviews for two years, but claims to have been subjected to unfair and excessive scrutiny and reprimands during 2010 to 2011, including an investigation into allegations of misconduct. Plaintiff was terminated in June 2011. It is undisputed that, by these allegations, plaintiff has established the first three elements of her claims for age discrimination under the New York State and City Human Rights Laws (HRL) (Executive Law art 15; Administrative Code of City of NY § 8-101 *et seq.),*since she was a member of a protected class, was qualified for her position, and was subjected to an adverse employment action *(see Melman v Montefiore Med. Ctr.,*98 AD3d 107, 113 [1st Dept 2012]; *Bennett v Health Mgt. Sys., Inc.,*92 AD3d 29, 35 [1st Dept 2011], *lv denied*18 NY3d 811 [2012]).

Construing the complaint liberally, presuming its factual allegations to be true, and according the complaint the benefit of every possible favorable inference *(see 511 W. 232nd Owners Corp. v Jennifer Realty Co.,*98 NY2d 144, 151-152 [2002]), plaintiff has not, however, adequately pled the fourth element of a prima facie claim of employment discrimination under the State and City HRL, namely, that she was either terminated or treated differently under circumstances giving rise to an inference of discrimination *(see Melman,*98 AD3d at 113; *Bennett,*92 AD3d at 35). Although plaintiff asserts that defendants’ actions were motivated by age-related bias, she does not make any concrete factual allegation in support of that claim, other than that she was 54 years old and was treated adversely under the State law or less well under the City HRL. Plaintiff’s allegations in this respect amount to mere legal conclusions, and do not suffice to make out this element of her claim *(see Ortiz v City of New York,*105 AD3d 674 [1st Dept 2013]; *McKenzie v Meridian Capital Group, LLC,*35 AD3d 676 [2d Dept 2006]; *see also Clyburn v Shields,*33 Fed Appx 552, 555-556 [2d Cir 2002]).

Plaintiffs failure to adequately plead discriminatory animus is similarly fatal to her claims of hostile work environment *(see Chin v New York City Hous. Auth.,*106 AD3d 443, 445 [1st Dept 2013]) and violation of the New York State Constitution’s equal protection and antidiscrimination provisions *(see*NY Const, art I, § 11; *Bower Assoc. v Town of Pleasant Val.,*2 NY3d 617, 631 [2004]). Concur — Friedman, J.P., Sweeny, Acosta and ManzanetDaniels, JJ.
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



The undersigned, Maureen D. Howley, Chief Financial Officer & Senior Vice President of the Managing Owner, Preferred Investment Solutions Corp. (the Managing
Owner), of World Monitor Trust II  Series D (the Fund), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Funds Annual Report on Form 10-K/A for the period ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Annual
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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Fund.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|                                               
|-----------------------------------------------
|/s/ Maureen D. Howley                          
|Maureen D. Howley                              
|Chief Financial Officer & Senior Vice President
|September 16, 2005
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2183 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2183

     To provide for a limitation on availability of funds for U.S. 
  Department of Interior, Department-Wide Programs, Central Hazardous 
                    Materials for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
    Committees on Transportation and Infrastructure, and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
     To provide for a limitation on availability of funds for U.S. 
  Department of Interior, Department-Wide Programs, Central Hazardous 
                    Materials for fiscal year 2024.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR U.S. DEPARTMENT OF 
              INTERIOR, DEPARTMENT-WIDE PROGRAMS, CENTRAL HAZARDOUS 
              MATERIALS FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for U.S. Department of 
Interior, Department-Wide Programs, Central Hazardous Materials Fund 
for fiscal year 2024 may not exceed $10,010,000.
                                 <all>
```
**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER AND 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,
      Domonic J. Carney, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
      Report of Composite Technology Corporation on Form 10-Q for the period ended
      December 31, 2007 fully complies with the requirements of Section 13(a) or
      15(d)
      of the Securities Exchange Act of 1934 and that information contained in such
      Form 10-Q fairly presents in all material respects the financial condition
      and
      results of operations of Composite Technology Corporation.




*Date:
      February 11, 2008*





*By:*
            */s/
                Domonic J. Carney**Domonic
                J. Carney*
              *Chief
                  Financial Officer*
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                       1,056,936
<SECURITIES>                                         0
<RECEIVABLES>                                  164,263
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<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,221,751
<PP&E>                                       4,204,149
<DEPRECIATION>                               2,777,379
<TOTAL-ASSETS>                               2,730,651
<CURRENT-LIABILITIES>                           88,820
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       109,601
<OTHER-SE>                                   2,495,665
<TOTAL-LIABILITY-AND-EQUITY>                 2,605,266
<SALES>                                      1,205,906
<TOTAL-REVENUES>                             1,283,963
<CGS>                                                0
<TOTAL-COSTS>                                1,102,415
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,365
<INCOME-PRETAX>                                175,183
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            175,183
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<CHANGES>                                            0
<NET-INCOME>                                   175,183
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
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 on Form 10-K/A of American Oriental
Bioengineering, Inc. (the “Company”) for the quarter ended December 31, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned officer of the Company certifies, pursuant to 18
U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to the undersigned officers’ knowledge:





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





ii.
            the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





/s/
Tony
Liu


Tony
Liu


Chairman
and Chief Executive Officer


(Principal
Executive Officer)


March 15,
2010










/s/
Yanchun
Li
 Yanchun
Li
 Chief
Financial Officer
 (Principal
Financial Officer)
 March 15,
2010
#### The People of the State of New York, Respondent, v John Moore, Also Known as Frankie, Appellant.

[825 NYS2d 652]

*1294Motion for writ of error coram nobis denied. Present— Hurlbutt, J.E, Martoche, Centra and Pine, JJ.