alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
S. 4093

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

To amend the Farm Security and Rural Investment Act of 2002 to extend a suspension of limitation on the period for which certain borrowers are eligible for

guaranteed assistance.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SUSPENSION OF LIMITATION ON PERIOD FOR WHICH BORROWERS ARE ELIGIBLE FOR GUARANTEED ASSISTANCE.

Section 5102 of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 1949 note; Public Law 107–171) is amended

by striking ‘‘December 31, 2006’’ and inserting ‘‘September 30,

2007’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
EXHIBIT
10.8






45 East
Putnam Avenue   •   Greenwich, CT
06830
 Tel:
203.422.2300   •   Fax: 203.422.2330
 Email:
ggc@globalgoldcorp.com
  
 May
      12, 2009Ian
      Hague
                                        Nicholas
      J.  Aynilian60
      Broadway
                                        381
      Broadway, 2nd FloorApartment
      11A
                                        Westwood,
      NJ 07675Brooklyn,
      NY 11211
 
 
 RE: Emergency Loan to Global
Gold Corporation
 
 
 Dear Ian
and Nick:
 
 Following up on our discussions,
this letter confirms the terms on which you are providing an emergency loan of
$550,000 ($500,000 from Ian Hague and $50,000 from Nick Aynilian) to Global Gold
Corporation (the “Company”) to cover current and overdue license fees, taxes,
utilities necessary to resume production, rent, overhead, and some other partial
payments. Accordingly, each of  you, in your personal capacities only
and not acting on behalf of any other person or entity, hereby promise to
make  short-term personal loans in the total amount of $550,000
($500,000 from Ian Hague and $50,000 from Nick Aynilian)  (the
“Loans”),  to the Company which Loans shall accrue interest, from the
day they are issued by you and until the day they are repaid by the Company, at
an annual rate of 10% (the “Interest”).
 
 The
Company promises to repay, in full, the Loan and all the Interest accrued
thereon on the sooner of: (1) your demand after June 1, 2009; (2) from the
proceeds of any financing the Company; or (3) from the proceeds of the sale of
an interest in Marjan or any other Company property.    The
Company may prepay this loan in full at any time. But if it is not repaid by
June 2, 2008, you will have the right, among other rights available to you under
the law,to
convert the loan plus accrued interest to common shares of the Company at the
price calculable and on the terms of the Global Gold Corporation 2006 Stock
Incentive Plan, i.e. our option plan.
 
 In
addition, you will have the right (from the date of this agreement until the
time this and any other loans from you are repaid) at any time to convert the
terms of all or a portion of this or other loans you made pursuant to the terms
provided to any third party investor or lender financing the
company.
 
 
 
  
 Thank you
again for your help at this time, and please countersign below if these terms
confirm our agreement.
  
 Sincerely,
 
 _________________________
 Van Z. Krikorian,
 Chairman
and CEO
 Acknowledged
and Agreed
 
 
 ____________________________       _______
 Ian
Hague                                                      Date
 
 
 
 
 ____________________________        _______
 Nicholas
J.
Aynilian                                     Date
 
  
 
 Cc:
Global Gold Board of Directors
#### Billy G. ASEMANI, Plaintiff-Appellant, v. State of MARYLAND; Gary D. Maynard, Secretary; J. Michael Stouffer, Commissioner; Kathleen S. Green, Warden, Defendants—Appellees, Stephanie Judith Lane Weber, Party-in-Interest—Appellee.

No. 08-8576.

United States Court of Appeals, Fourth Circuit.

Submitted: May 21, 2009.

Decided: May 27, 2009.

Billy G. Asemani, Appellant Pro Se. Stephanie Judith Lane Weber, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees.

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Billy G. Asemani appeals the district court’s order in this 42 U.S.C. § 1983 (2000) action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Asemani v. Maryland,*No. 1:08-cv-02618-RDB (D.Md. Dec. 4, 2008). 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.*
#### The People of the State of New York, Respondent, v Christopher B. Washington, Appellant.

[961 NYS2d 790]

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated June 23, 2011, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

A court has the discretion to downwardly depart from the presumptive risk level in a proceeding under the Sex Offender Registration Act *(see*Correction Law § 168 *et*seq.; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary *725[2006]), only after the defendant has made a twofold showing. First, the defendant must identify “as a matter of law, an appropriate mitigating factor, namely, a factor which tends to establish a lower likelihood of reoffense or danger to the community and is of a kind, or to a degree, that is otherwise not adequately taken into account by the Guidelines” *(People v Wyatt,*89 AD3d 112, 128 [2011]; *see People v Madison,*98 AD3d 573, 574 [2012]; *People v Martin,*90 AD3d 728, 728 [2011]; *People v Peeples,*98 AD3d 491, 491-492 [2012]). Second, the defendant must prove by a preponderance of the evidence the facts necessary to support that mitigating factor *(see People v Wyatt,*89 AD3d at 128). In the absence of that twofold showing, the court lacks discretion to downwardly depart from the presumptive risk level *(see People v Martin,*90 AD3d at 728-729; *People v Wyatt,*89 AD3d at 128).

Upon remittal after the first appeal in this case *(see People v Washington,*84 AD3d 910 [2011]), the County Court properly determined that the defendant had failed to establish by a preponderance of the evidence that his response to treatment was “exceptional” *(id. at*911; *see People v Wyatt,*89 AD3d at 127-128; Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 17 [2006]). Consequently, the court properly denied the defendant’s application for a downward departure *(see People v Martinez,*104 AD3d 924 [2013]; *People v Peeples,*98 AD3d at 491-492).

Balkin, J.E, Leventhal, Roman and Hinds-Radix, JJ., concur.
##### 



EXHIBIT 15.1 Awareness Letter of Deloitte & Touche LLP Bank of America, N.A. as Trustee
for the Permian Basin Royalty Trust: We are aware that Permian Basin Royalty Trust and Burlington Resources Inc. have incorporated by
reference in their Registration Statement No. 333-124056-01 on Form S-3, Permian Basin Royalty
Trusts Form 10-Q for the quarter ended March 31, 2005, which includes our report dated May 5,
2005, covering the unaudited interim financial information contained therein. Pursuant to
Regulation C of the Securities Act of 1933, that report is not considered a part of the
registration statement prepared or certified by our firm or a report prepared or certified by our

firm within the meaning of Sections 7 and 11 of the Act. DELOITTE & TOUCHE LLP Dallas, Texas
May 5, 2005 18
#### Carter, administrator, *v.*Darnell.

An administrator does not lose possession of land or the. right to expel an intruder by reason of having, previously to the intrusion complained of, caused the lands of his intestate to be partitioned in kind among the heirs-at-law, the parcel in controversy not haying been taken possession of by the heir to whom it was assigned, and the administrator not having parted with his possession to .any one, but on the contrary having made arrangements with a. stranger to occupy the land as his tenant for the current year, and the intrusion consisting of an entry by the alleged intruder. when the administrator’s tenant was about to enter and would have entered but for being excluded by the intruder.

July 30, 1894.

*Judgment reversed.*

Affidavit to ejfect'intruder. Before Judge "Wellborn. Bab mi superior court. August term, 1893.

W. S. Paris, by J. J. Kimsey, for plaintiff.

W. F. Findley, by W. C. Glenn, for defendant.

W. J. Carter, as administrator of his father Thomas Carter, made affidavit to eject A. A. Darnell, as an intruder, from a house and parcel of land. Defendant made a counter-affidavit; the jury found in his favor, and plaintiff’s motion for a new trial was overruled. The material ground of the motion is, that the court erred in charging the jury as follows: “If yo'u believe from the evidence that the plaintiff' petitioned the ordinary for a division of the lands of his father’s estate in kind, and that commissioners were appointed for that purpose, and their report had been filed with the ordinary and recorded by him previously to the bringing of this suit, and that the commissioners so appointed allotted this land in dispute to the plaintiff’s brother John •or some one óf the heirs, then I charge you that the title had passed out of the plaintiff and he could not recover in this action.”
Petition for Writ of Mandamus Denied and Memorandum Opinion filed

December 3 , 2020

.

In The



## Fourteenth Court of Appeals

NO. 14

- 20

- 00722

- CV

IN RE DEBRA MCLEOD , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court at Law Waller County, Texas Trial Court Cause No. 20

- 08

- 26306



### MEMORANDUM OPINION

On October 22, 2020 , relator Debra McLeod filed a petition for writ of

m andamus in this c ourt. See Tex. Gov’t Code Ann. § 22.221 ; see also Tex. R. App. P. 52. In the petition, relat or ask s this c ourt to compel the Honorable Carol Chaney , presiding judge of the County Court at Law of Waller County , to vacate her October 5, 2020 order denying relator’s plea in abatement

.2

Because relator ha s not shown she is entitled to mandamus relief, we deny
her petition for writ of mandamus.

PER CURIAM

Panel c onsists of Justices Christopher, Jewell, and Zimmerer.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 445 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 445

To amend part D of title XVIII of the Social Security Act, as added by 
 the Medicare Prescription Drug, Improvement, and Modernization Act of 
     2003, to provide for negotiation of fair prices for Medicare 
                          prescription drugs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

 Ms. Stabenow (for herself, Mr. Carper, Mr. Kennedy, Mr. Schumer, Mr. 
  Bingaman, and Mr. Johnson) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend part D of title XVIII of the Social Security Act, as added by 
 the Medicare Prescription Drug, Improvement, and Modernization Act of 
     2003, to provide for negotiation of fair prices for Medicare 
                          prescription drugs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Prescription Drug Price 
Reduction Act of 2005''.

SEC. 2. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.

    Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) 
is amended by striking subsection (i) (relating to noninterference) and 
by inserting the following:
    ``(i) Authority To Negotiate Prices With Manufacturers.--In order 
to ensure that each part D eligible individual who is enrolled under a 
prescription drug plan or an MA-PD plan pays the lowest possible price 
for covered part D drugs, the Secretary shall have authority similar to 
that of other Federal entities that purchase prescription drugs in bulk 
to negotiate contracts with manufacturers of covered part D drugs, 
consistent with the requirements of this part and in furtherance of the 
goals of providing quality care and containing costs under this 
part.''.
                                 <all>
```
##### 



Exhibit 99(b)

CERTIFICATION OF CHIEF FINANCIAL OFFICER
Pursuant to 18 U.S.C. 1350 as adopted by Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, Glenn R. Richter, Senior Vice President and Chief
Financial Officer of Sears, Roebuck and Co. (the Company), has executed this
certification in connection with the filing with the Securities and Exchange
Commission of the Companys Quarterly Report on Form 10-Q for the fiscal
quarter ended March 29, 2003 (the Report).

The undersigned hereby certifies 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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of
the 8th day of May, 2003.

|                                                                                         |  | 
|---------------------------------------------------------------------------------------- |  | 
|/s/ Glenn R. Richter

Glenn R. Richter
Senior Vice President
and Chief Financial Officer |  | 

A signed original of this written statement required by Section 906 has been
provided to Sears, Roebuck and Co. and will be retained by Sears, Roebuck and
Co. and furnished to the Securities and Exchange Commission or its staff upon
request.
**[National City Mortgage Logo]****National City Mortgage Co.**A Subsidiary of National City Bank of Indiana 3232 Newmark Drive  Miamisburg. Ohio 45342 Telephone: (937) 910-1200 **Mailing Address:**P.O. Box 1820 Dayton, Ohio 45401-1820**SERVICER COMPLIANCE STATEMENT**RE: See attached for series (Exhibit A) I, Philip D. Cunningham III, hereby certify to EMC Mortgage Corporation, Bear, Stearns & Co. Inc., and Wells Fargo Bank, N.A., that I am a duly elected Executive Vice President of National City Mortgage Company (the "Company"), a company organized under the laws of the State of Ohio and further as follows: (i)A review of the activities of the Company during the immediately preceding calendar year (or applicable portion thereof) and of its performance under the Agreement and any applicable Reconstitution Agreement during such period has been made under such officer's supervision, and (ii)to the best of such officer's knowledge, based on such review, the Company has fulfilled all of its obligations under the Agreement and any applicable Reconstitution Agreement in all material respects throughout such calendar year (or applicable portion thereof). National City Mortgage Co. Certified By: ****/s/ Philip D. Cunningham III  Date: _February 29, 2008 Name: Philip D. Cunningham III Title: Executive Vice President  Exhibit A EMC MORTGAGE CORP BSAAT 2007-1 BSABS 2006-AC3 BSABS 2006-AC5 BSABS 2007-AC4 BSABS 2007-AC5 BSABS 2007-AC6 BSABS 2007-SD3 BSSP 2007-R6 (BSALTA 2005-9) PRIME 2003-3 PRIME 2004-1 PRIME  2004-CL1 PRIME  2006-1 PRIME  2006-CL1 PRIME  2007-1 PRIME 2007-2 PRIME 2007-3 SAMI 2006-AR3
<PAGE>   1
                                                                      EXHIBIT 11

                    THE CERPLEX GROUP, INC. AND SUBSIDIARIES

                       COMPUTATION OF PER SHARE EARNINGS
                     (In thousands, except per share data)
                                  (Unaudited)

<TABLE>
<CAPTION>
                                                  Three months ended             Nine months ended
                                               ------------------------       -----------------------
                                                June 28,       June 29,       June 28,       June 29,
                                                  1998           1997           1998           1997
                                               ----------     ---------       --------       --------
<S>                                            <C>            <C>             <C>            <C>
Net loss available to common stockholder       $   (9,571)    $  (4,808)      $(25,137)      $(11,868)
                                               ==========     =========       ========       ========
ADJUSTED NUMBER OF COMMON SHARES

Weighted average shares outstanding                44,406         6,072         20,872          5,926

Incremental shares for exercise of stock
  options and warrants and common stock
  issuable                                             --           718             --            718
                                               ----------     ---------       --------       --------
Adjusted number of common shares                   44,406         6,790         20,872          6,644
                                               ==========     =========       ========       ========
Net loss per common share                      $     (.22)    $   (0.71)      $  (1.20)      $  (1.79)
                                               ==========     =========       ========       ========
</TABLE>


                                       20
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-END>                               FEB-28-1997
<CASH>                                         342,347
<SECURITIES>                                         0
<RECEIVABLES>                                   88,953
<ALLOWANCES>                                  (10,000)
<INVENTORY>                                    552,457
<CURRENT-ASSETS>                             1,045,466
<PP&E>                                       1,054,667
<DEPRECIATION>                               (764,074)
<TOTAL-ASSETS>                               1,519,239
<CURRENT-LIABILITIES>                          342,531
<BONDS>                                        106,370
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       161,770
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,519,239
<SALES>                                        158,048
<TOTAL-REVENUES>                               323,563
<CGS>                                           97,819
<TOTAL-COSTS>                                  399,424
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,476
<INCOME-PRETAX>                               (73,298)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (73,298)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (73,298)
<EPS-PRIMARY>                                  (0.004)
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           4,397
<SECURITIES>                                    13,571
<RECEIVABLES>                                    4,899
<ALLOWANCES>                                     1,456
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         318,102
<DEPRECIATION>                                  24,266
<TOTAL-ASSETS>                                 331,025
<CURRENT-LIABILITIES>                                0
<BONDS>                                        234,744
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      87,315
<TOTAL-LIABILITY-AND-EQUITY>                   331,025
<SALES>                                              0
<TOTAL-REVENUES>                                47,265
<CGS>                                                0
<TOTAL-COSTS>                                   27,421
<OTHER-EXPENSES>                                 6,074
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,149
<INCOME-PRETAX>                                    667
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                667
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       667
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                      .17
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> BD
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           11338
<RECEIVABLES>                                   634909
<SECURITIES-RESALE>                                  0
<SECURITIES-BORROWED>                           525834
<INSTRUMENTS-OWNED>                             368795
<PP&E>                                           12708
<TOTAL-ASSETS>                                 1579758
<SHORT-TERM>                                    264065
<PAYABLES>                                      223143
<REPOS-SOLD>                                         0
<SECURITIES-LOANED>                             358914
<INSTRUMENTS-SOLD>                              204738
<LONG-TERM>                                      34167
<COMMON>                                           109
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      128969
<TOTAL-LIABILITY-AND-EQUITY>                   1579758
<TRADING-REVENUE>                                28856
<INTEREST-DIVIDENDS>                             31992
<COMMISSIONS>                                    67737
<INVESTMENT-BANKING-REVENUES>                    17406
<FEE-REVENUE>                                    18406
<INTEREST-EXPENSE>                               18298
<COMPENSATION>                                   97983
<INCOME-PRETAX>                                  12892
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      7735
<EPS-PRIMARY>                                      .97
<EPS-DILUTED>                                      .84
        

</TABLE>