alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Deutche
Mortgage & Asset Receiving
 Corporation
Commercial Mortgage Pass-Through
 Certificates
 Series
COMM 2006-C8
 Pooling
and Servicing Agreement
 OFFICER'S
CERTIFICATE
 Pursuant
to the requirements of that certain Pooling and Servicing Agreement (the
"Agreement"), it is hereby certified to the Depositor thereunder that on behalf
of Midland Loan Services, Inc. (the "Servicer"), (i) a review of the Servicer's
activities during the reporting period and of its performance under the
Agreement has been made under the undersigned officer's supervision; (ii) to the
best of the undersigned officer's knowledge, based on such review, the Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout the reporting period or, if there has been a failure to
fulfill any such obligation in any material respect, each such failure known to
the undersigned officer and the nature and status thereof are set forth below;
and (iii) the Servicer has not received any notice regarding qualification, or
challenging the status, of any REMIC formed pursuant to the Agreement from the
IRS or any other governmental agency or body.
 Nature
and Status of Failures: None.
    MIDLAND LOAN
      SERVICES, INC/s/ Steven W. SmithSteven W.
      SmithPresident and
      Chief Operating Officer
    A Member of the PNC Financial
Serices Group
  P.O. Box
419127  Kansas City Missouri 64141-6127
  www.midlandls.com  913 253 900 T  913 253  9001 F
EXHIBIT 31.1




CERTIFICATION PURSUANT TO


SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002




I, Michael Nugent, Chief Executive Officer, certify that:




1. I have reviewed this annual report of Roadships Holdings, Inc. and consolidated subsidiaries;





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 small business issuer as of, and for, the periods presented in this report;





4. The other small business issuer's certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer 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 small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;





(b) Evaluated the effectiveness of the small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and





5. The small business issuer's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):





(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer'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 small business issuer's internal control over financial reporting.





/s/ Michael Nugent


By Michael Nugent


Chairman and Chief Executive Officer




May 4, 2010
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 6974** 

DARIUS JERMOL SIMMONS , Petitioner

- Appellant ,
v. HAROLD CLARKE, Director , Respondent

- Appellee
.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria
. James C. Cacheris, Senior District Judge. ( 1:12

- cv - 00046

- JCC

- TCB )

Submitted : September 13, 2012 Decided: October 19, 2012

Before WILKINSON and DIAZ , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Dismissed by un published per curiam opinion
.
Darius Jermol Simmons , Appellant Pro Se. Kathleen Beatty Martin, Senior Assistant Attorney General , Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Darius Jermol Simmons seek s to appeal the district
court ’ s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c) (1) (A) (2006) . A certificate of appealability will not issue absent “ a substantial showing of the denial of a constitutional right. ” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a prisoner satisfies this standard b y demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitut ional right. Slack , 529 U.S. at 484

- 85. We have independently review ed the record and conclude that Simmons has not made the requisite showing. Accordingly, we deny his motion for a certificate of appealability , deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSE D
#### Cheshire *v.*Tappan, administrator, *et al.*

The charge as a whole was a fair and correct presentation to the jury of the issues involved, and covered fully the substance of the request preferred by counsel for the defendant, so far as the same was legal and pertinent. The verdict, after deducting therefrom the amount which the court ordered to be written off, was fully warranted by the evidence. *Judgment affirmed.*

June 25, 1894.

Action on account. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1898.

*705Alexander & Lambdin, for plaintiff in error.

Rosser & Carter, *contra.*

This was a suit on account for $281.20, with pleas of •set-off and payment. On conflicting evidence the jury found for the plaintiff, and the court denied a new trial on condition that $100 be written off', which was done.
#### In the Matter of Shawn Green, Appellant, v Keith Dubray, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Submitted May 11, 2009;

decided June 24, 2009

Motion for reargument denied *[see 12*NY3d 703 (2009)].
II 

109TH CONGRESS 

2D SESSION S. 3727 

To amend title XVIII of the Social Security Act to provide for an adjustment 

to the reduction of Medicare resident positions based on settled cost reports. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2006 

Mr. KOHL introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for an adjustment to the reduction of Medicare resident 

positions based on settled cost reports. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Residency 

5 Program Fairness Act of 2006’’. 

6 SEC. 2. ADJUSTMENT TO THE REDUCTION OF MEDICARE 

7 RESIDENT POSITIONS BASED ON SETTLED 

8 COST REPORTS. 

9 (a) IN GENERAL.—Section 1886(h)(7) of the Social 

10 Security Act (42 U.S.C. 1395ww(h)(7)) is amended— 


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2 

•S 3727 IS

1 (1) by redesignating subparagraph (D) as sub2 paragraph (E); and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) ADJUSTMENT BASED ON SETTLED

6 COST REPORT FOR RURAL AND SMALL URBAN

7 HOSPITALS.—In the case of a hospital located 

8 in a rural area (as defined in subsection 

9 (d)(2)(D)) or in an urban area that is not a 

10 large urban area (as so defined) for which— 

11 ‘‘(i) the otherwise applicable resident 

12 limit was reduced under subparagraph 

13 (A)(i)(I); and 

14 ‘‘(ii) such reduction was based on a 

15 reference resident level that was deter16 mined using a cost report that was subse17 quently settled, whether as a result of an 

18 appeal or otherwise, and the reference resi19 dent level under such settled cost report is 

20 higher than the level used for the reduction 

21 under subparagraph (A)(i)(I); 

22 the Secretary shall apply subparagraph 

23 (A)(i)(I) using the higher resident reference 

24 level and make any necessary adjustments to 

25 the reduction described in subclause (II). Any 


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3 

•S 3727 IS

1 such necessary adjustments shall be effective 

2 for portions of cost reporting periods occurring 

3 on or after July 1, 2005.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect as if included in the enact6 ment of section 422 of the Medicare Prescription Drug, 

7 Improvement, and Modernization Act of 2003 (Public Law 

8 108–173). 

Æ 


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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

                    The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 2.625 (2                    5/8                    ) percent for the January-March quarter of FY 2015.                

Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for any third party lender's commercial loan which funds any portion of the cost of a 504 project (see 13 CFR 120.801) shall be 6% over the New York Prime rate or, if that exceeds the maximum interest rate permitted by the constitution or laws of a given State, the maximum interest rate will be the rate permitted by the constitution or laws of the given State.

Linda S. Rusche,

Director, Office of Financial Assistance.

[FR Doc. 2015-00618 Filed 1-15-15; 8:45 am]

BILLING CODE P
FirmInvest, AG private placement offer letter



 Exhibit 10.1 
  
 [LOGO OF FIRMINVEST AG] 
 May 20, 2007 
 Dr. Thomas Stegmann & Daniel Montano, Co-Presidents 
 CardioVascular
BioTherapeutics, Inc. 
 Gentlemen: 
 This letter is a
commitment letter of Firminvest AG (whose principals are longstanding shareholders of CVBT) and its affiliates to subscribe to 100% of the CardioVascular BioTherapeutics, Inc. Reg-S offering of 15,000,000 shares of common stock at $1.00 per
share. 
 Firminvest AG will make a payment of 1,500,000 US$ by May 24, 2007, as a Good Faith commitment. An additional $1,500,000 by May 31, 2007, and the
balance of $12,000,000 by June 29, 2007. 
 Firminvest AG will have the right to allocate the exact number of shares between its affiliates. 
 This offer is good for two days only and expires at the close of business, 5 p.m., Las Vegas time, May 21, 2007. 
 Verbal notification of acceptance by CardioVascular BioTherapeutic’s Board of Directors is acceptable. Written acceptance by the CVBT board must be received before
the first $1,500,000 is transferred to CardioVascular BioTherapeutics. 
 Sincerely, 
 /s/    FREDERICK CHANSON 
 Frederic Chanson 
 Chairman & CEO, Firminvest AG 
  
 ACCEPTANCE: The undersigned hereby represents and warrants he has read and accepts the above terms and has received approval from the Board of Directors of CardioVascular BioTherapeutics, Inc. to enter into the
transactions as set forth above. 
  

							
	 /s/    DANIEL C. MONTANO
	  	 May 21, 2007
	  	 13:20
	  	(PST)
	Daniel C. Montano	  	Date	  	Time	  	
	Chief Executive Officer	  		  		  	

 Postfach 1718 • Stockerstrasse 48 • 8027 Zürich • Telefon +41 44 288 36 36
• Fax +41 44 288 36 11
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, Matthew A. Engel, 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 Option One Mortgage Loan Trust 2007-HL1, Asset-Backed
     Certificates, Series 2007-HL1 (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 the 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: Wells
    Fargo Bank, N.A. as Master Servicer and Trust Administrator.

    Dated:   March 28, 2008


    /s/ Matthew A. Engel
    Signature

    Senior Vice President /CFO
    (Senior officer in charge of securitization of the depositor)
exv10w3



 





Exhibit 10.3




June 4, 2007




Mr. Matthew E. Rubel,

2100 West 59th Street,

Mission Hills, KS 66208-1110





Re:   Employment Agreement Amendment


Dear Matt:




          This is an Amendment to Your Employment Agreement (this “Amendment”) with Payless
ShoeSource, Inc., a Delaware corporation (the “Company”). You and the Company entered into an
employment agreement, dated May 20, 2005 (your “Employment Agreement”). In accordance with the
provisions set forth in Section 13(g) of your Employment Agreement, you and the Company hereby
amend your Employment Agreement, effective on the date hereof, as set forth below.





	 	1.	 	Section 3(f) of your Employment Agreement is amended in its entirety and
replaced with the following:
	 
	 	 	 	“Other Executive Compensation Plans and Additional Compensation. During your
employment, you will be eligible to participate in all of the Group’s executive
compensation plans, including any management incentive plans, deferred compensation
plans (but you will not be entitled to any benefits under the Payless ShoeSource, Inc.
Supplementary Retirement Plan, nor any successor plan (the “SRP”), unless you are
expressly made eligible by resolution of the Board or a committee thereof), and equity
plans, in which senior executives of the Company participate.”
	 
	 	2.	 	Section 4(a) of your Employment Agreement is amended in its entirety and
replaced with the following:
	 
	 	 	 	“Employee Benefit Plans. During your employment, you will be eligible to participate
in the Group’s employee benefit and welfare plans, including plans providing retirement
benefits (other than the SRP), medical, dental, hospitalization, 




 









 






	 	 	 	life or disability
insurance, on a basis that is at least as favorable as that provided to senior
executives of the Company.”






	 	3.	 	Section 6(b)(7) is deleted in its entirety and Section 6(b)(8) is renumbered to
be Section 6(b)(7).





     All terms and conditions of the Employment Agreement (except as specifically set forth in this
Amendment) will remain in full force and effect. This Amendment may be executed in counterparts,
each of which will constitute an original and all of which, when taken together, will constitute
one agreement.



	 	 	 	 	 
	 	Very truly yours,

 	 
	 	/s/ Jay A. Lentz
 	 
	 	Senior Vice President-Human Resources 	 
	 	 	 
	 


BY SIGNING THIS AMENDMENT, I HEREBY CERTIFY THAT I (A) HAVE RECEIVED A COPY OF THIS AMENDMENT FOR
REVIEW AND STUDY BEFORE SIGNING IT, (B) HAVE READ THIS AMENDMENT CAREFULLY BEFORE SIGNING IT, (C)
HAVE HAD SUFFICIENT OPPORTUNITY TO REVIEW THE AMENDMENT WITH ANY ADVISOR I DESIRED TO CONSULT,
INCLUDING LEGAL COUNSEL, (D) HAVE HAD SUFFICIENT OPPORTUNITY BEFORE SIGNING IT TO ASK ANY QUESTIONS
ABOUT THIS AMENDMENT AND HAVE RECEIVED SATISFACTORY ANSWERS TO ALL SUCH QUESTIONS, AND (E)
UNDERSTAND MY RIGHTS AND OBLIGATIONS UNDER THIS AMENDMENT.



Accepted and agreed to:




	 	 	 
	/s/ Matthew E. Rubel
 

Matthew E. Rubel

June 4, 2007

	 	 







2
<PAGE>

                                                                    EXHIBIT 99.4

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 Gerdau Ameristeel Corporation (the
"Company") on Form 40-F for the year ended December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Tom J.
Landa, 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.

      By: /s/ Tom J. Landa
          -------------------------
          Tom J. Landa
          Chief Financial Officer

March 29, 2005
#### The People of the State of New York, Respondent, v David Butler, Appellant.

[975 NYS2d 218]

Peters, P.J.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered July 26, 2011, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to burglary in the second degree in satisfaction of a two-count indictment. County Court advised defendant prior to his guilty plea that it would impose a prison sentence of five years to be followed by postrelease supervision of five years, and subsequently did so. Defendant now appeals, and we affirm.

Upon our review of the record, we do not agree with defendant that County Court improperly denied his application for youthful offender status. Before he pleaded guilty, defendant was made aware that County Court had no intention of granting him youthful offender status. Defendant, in any event, was part of an armed group that forcibly entered the victim’s residence, then restrained and robbed him. In view of those facts, we perceive no abuse of discretion in County Court’s ultimate decision *(see People v Brodhead,*106 AD3d 1337, 1337 [2013]; *1025
      *People v Clark,*84 AD3d 1647, 1648 [2011]). Regarding defendant’s further claim that the sentence imposed was harsh and excessive, we perceive no extraordinary circumstances or any abuse of discretion that would warrant a reduction thereof *(see People v Brodhead,*106 AD3d at 1337).

Rose, Lahtinen and Garry, JJ., concur. Ordered that the judgment is affirmed.
Exhibit 35.1

                                                          [logo] Countrywide(R)
                                                                 --------------
                                                                   HOME LOANS

                                                            [logo]
                                                      400 Countrywide Way
February 29, 2008                             Simi Valley, California 93065-6298

BCAP LLC
Attn: Paul Menefee
200 Park Avenue
New York, NY 10166
                              OFFICER'S CERTIFICATE

I, Joseph Candelario, hereby certify that I am an officer of Countrywide GP,
Inc., general partner of Countrywide Home Loans Servicing LP (the "Servicer"). I
further certify, with respect to the applicable servicing agreement relating to
the securitization transaction(s) set forth on Exhibit A attached hereto (the
"Servicing Agreement") that:

      (a) A review of the activities of the Servicer during the preceding
      calendar year and of the performance of the Servicer under the Servicing
      Agreement has been made under my supervision; and

      (b) To the best of my knowledge, based on such review, the Servicer has
      fulfilled all of its obligations under the Servicing Agreement in all
      material respects throughout such year.

/s/ Joseph Candelario           February 29, 2008
---------------------           -----------------
Joseph Candelario
First Vice President
Compliance Officer
Loan Administration
<PAGE>

Exhibit A - Securitized Transaction(s)

Deutsche Bank National Trust Company - 1761 E. St. Andrews Place

BCAP 2007-AA1

BCAP 2007-AA2

BCAP 2007-AA3

BCAP 2007-AA4

BCAP 2007-AA5