alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Secured Promissory Note in favor of Hercules Technology Growth Capital, Inc.



 Exhibit 10.19 
 SECURED PROMISSORY NOTE 
  

			
	$10,000,000	 	Advance Date: March 20, 2007

 FOR VALUE RECEIVED, AEGERION PHARMACEUTICALS, INC., a Delaware corporation, for itself and each of
its Subsidiaries (the “Borrower”) hereby promises to pay to the order of Hercules Technology Growth Capital, Inc., a Maryland corporation or the holder of this Note (the “Lender”) at 400 Hamilton Avenue, Palo Alto, CA 94301 or
such other place of payment as the holder of this Secured Promissory Note (this “Promissory Note”) may specify from time to time in writing, in lawful money of the United States of America, the principal amount of Ten Million Dollars
($10,000,000) together with interest at a floating rate equal to the prime rate as reported in the Wall Street Journal, and if not reported, then the prime rate next reported in the Wall Street Journal, plus two and one-half percentage points
(2.50%) per annum based upon a year consisting of 360 days, with interest computed daily based on the actual number of days in each month. 
 This Promissory Note is the Note referred to in, and is executed and delivered in connection with, that certain Loan and Security Agreement dated March 20, 2007, by and between Borrower and Lender (as the same may from time to time be
amended, modified or supplemented in accordance with its terms, the “Loan Agreement”), and is entitled to the benefit and security of the Loan Agreement and the other Loan Documents (as defined in the Loan Agreement), to which reference is
made for a statement of all of the terms and conditions thereof. All payments shall be made in accordance with the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined
herein. An Event of Default under the Loan Agreement shall constitute a default under this Promissory Note. Reference to the Loan Agreement shall not affect or impair the absolute and unconditional obligation of the Borrowers to pay all principal
and interest and premium, if any, under this Promissory Note upon demand or as otherwise provided herein. 
 Borrower waives presentment and
demand for payment, notice of dishonor, protest and notice of protest under the UCC or any applicable law. Borrower agrees to make all payments under this Promissory Note without setoff, recoupment or deduction and regardless of any counterclaim or
defense. This Promissory Note has been negotiated and delivered to Lender and is payable in the State of California. This Promissory Note shall be governed by and construed and enforced in accordance with, the laws of the State of California,
excluding any conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction. 
  

					
	 BORROWER FOR ITSELF AND
 ON BEHALF OF ITS SUBSIDIARIES:

	 	AEGERION PHARMACEUTICALS, INC.
			
		 	By:	 	 /s/ Gerald Wisler

		 	Title:	 	President and CEO
2011 Crystal Drive Suite 800[ N C B   L o g o ]  Arlington, Virginia 22202TEL (703) 302-8000March 3, 2008 TOLL (800) 955-9622 FAX (703) 647-3460Morgan Stanley Capital I Inc. Attention: Compliance Manager 1585 Broadway New York, NY 10036 RE: Annual Statement as to Compliance MSCI Series 2007-IQ13 Dear Sir/Madam: In accordance with the Pooling and Servicing Agreement entered into in connection with the issuance of the Morgan Stanley Capital I Inc. Commercial Mortgage Pass-Through Certificates, Series 2007-IQ13, as an authorized officer of NCB (the "Co Op Special Servicer"), I hereby certify that: a.A review of the activities of the Co-op Special Servicer during the preceding calendar year and of its performance under the Pooling and Servicing Agreement has been made under my supervision. b.To the best of my knowledge, based on these reviews, the Co-op Special Servicer has fulfilled all obligations under this agreement in all material respects throughout the year. NCB By:  /s/ Michelle Connelly Name:   Michelle Connelly Title:   Senior Vice President, Investor Compliance  Banking & Financial Services  w w w . n c b . c o o p  Cooperative Expansion Economic Development
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#### The People of the State of New York, Appellant, v Elaine Sorrells, Also Known as Oasis Longevity & Rejuvenation Institute, Respondent.

[870 NYS2d 925]

Cardona, P.J.

Appeal from an order of the County Court of Albany County (Herrick, J.), entered June 9, 2008, which granted defendant’s motion to dismiss the indictment.

Defendant was the chief executive officer, president and sole shareholder of Oasis Longevity & Rejuvenation Institute, a Florida-based company that allegedly employed physicians to sign prescriptions for anabolic steroids, which the company sold to its customers without first conducting appropriate medical examinations. Following an undercover investigation, defendant was charged with criminal diversion of prescription medications in the second degree, attempted criminal sale of a prescription for a controlled substance (six counts), and conspiracy in the fourth degree. County Court granted defendant’s motion to dismiss the indictment, prompting this appeal by the People.*

We affirm. As to the six counts charging attempted criminal sale of a prescription for a controlled substance *(see*Penal Law §§ 110.00, 220.65), we note that, by its terms, Penal Law § 220.65 is enforceable only against practitioners. A practitioner is defined as “[a] physician, dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to [Public Health *1081Law article 33]” (Public Health Law § 3302 [29]). It is undisputed that defendant does not meet that definition. Therefore, she is not subject to Penal Law § 220.65. As to the conspiracy-count *(see*Penal Law § 105.10), it is jurisdictionally defective in that it does not allege an overt act in furtherance of the conspiracy *(see*Penal Law § 105.20; *People v Ribowsky,*77 NY2d 284, 292-293 [1991]; *People v Menache,*98 AD2d 335, 336 [1983]).

Mercure, Lahtinen and Stein, JJ., concur. Ordered that the order is affirmed.

*

 The People make no argument regarding the charge of criminal diversion of prescription medications in the second degree; accordingly, we deem their challenge to the dismissal of that count to be abandoned.
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 of Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Charles L. Gamber, Chief Executive 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; and





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














Dated: March 4, 2011
By:
/s/ Charles L. GamberCharles L.Gamber, Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
<TABLE> <S> <C>


<ARTICLE>                        5
<LEGEND>
This schedule contains summary financial information extracted from EQUIVEST
FINANCE, INC.  and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
       
<S>                              <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                               DEC-31-1998
<PERIOD-START>                                  JAN-01-1998
<PERIOD-END>                                    SEP-30-1998
<CASH>                                            3,263,035
<SECURITIES>                                              0
<RECEIVABLES>                                   143,729,180
<ALLOWANCES>                                     (3,881,377)
<INVENTORY>                                       9,598,952
<CURRENT-ASSETS>                                          0
<PP&E>                                            2,968,643
<DEPRECIATION>                                            0
<TOTAL-ASSETS>                                  188,741,531
<CURRENT-LIABILITIES>                             8,574,416
<BONDS>                                         128,355,911
<PREFERRED-MANDATORY>                                30,000
<PREFERRED>                                               0
<COMMON>                                          1,255,286
<OTHER-SE>                                       50,525,918
<TOTAL-LIABILITY-AND-EQUITY>                    188,741,531
<SALES>                                                   0
<TOTAL-REVENUES>                                 18,196,305
<CGS>                                                     0
<TOTAL-COSTS>                                     4,681,769
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                    649,710
<INTEREST-EXPENSE>                                6,655,182
<INCOME-PRETAX>                                   6,209,644
<INCOME-TAX>                                      2,300,000
<INCOME-CONTINUING>                               3,909,644
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                      3,909,644
<EPS-PRIMARY>                                          0.16
<EPS-DILUTED>                                          0.15
        

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


<ARTICLE> 5
<CIK> 0000820526
<NAME> LUND INTERNATIONAL HOLDINGS INC
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           4,280
<SECURITIES>                                         0
<RECEIVABLES>                                   38,859
<ALLOWANCES>                                     2,501
<INVENTORY>                                     24,982
<CURRENT-ASSETS>                                73,038
<PP&E>                                          32,464
<DEPRECIATION>                                  12,164
<TOTAL-ASSETS>                                 235,922
<CURRENT-LIABILITIES>                          115,919
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          2
<COMMON>                                           787
<OTHER-SE>                                      89,872
<TOTAL-LIABILITY-AND-EQUITY>                   235,922
<SALES>                                        148,059
<TOTAL-REVENUES>                               148,059
<CGS>                                          105,808
<TOTAL-COSTS>                                  139,794
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    34
<INTEREST-EXPENSE>                               9,359
<INCOME-PRETAX>                                 (1,003)
<INCOME-TAX>                                       492
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,495)
<EPS-BASIC>                                      (0.19)
<EPS-DILUTED>                                    (0.19)



</TABLE>
##### 



EXHIBIT 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (Nos. 333-73112), and Form S-8
(Nos. 333-49297, 333-51795, 333-43572, 333-41964, 333-69301,
333-63627, 333-61369, 333-88399, 333-80829, 333-54024, 333-71404,
333-66586, 333-41337, 333-11155, 333-99611, 333-91422, 333-33297) of
Networks Associates, Inc. of our reports dated relating to the
consolidated financial statements and financial statement schedule,
which appears in
this Form 10-K/A Amendment No. 2.

/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP
Dallas Texas
October 31, 2003
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of NewYork, Respondent, <br><br>against<br><br>Glenn S. Smith, Appellant.</font></b></div><br><br><p>Appeal from a judgment of the Justice Court of the Village of Goshen, OrangeCounty (Thomas J. Cione, J.), rendered April 11, 2012. The judgment convicteddefendant, upon a jury verdict, of resisting arrest and disorderly conduct. By decision andorder dated March 10, 2014, this court reversed the judgment, on the law, and dismissedthe accusatory instrument (People v Smith, 43 Misc 3d 71 [App Term, 2d Dept, 9th&amp; 10th Jud Dists 2014]). By order dated June 23, 2016, the Court of Appealsreversed the decision and order of this court and remitted the matter for furtherproceedings in accordance with its opinion (People v Smith, NY3d , 2016 NY Slip Op04973 [2016]).</p><p>ORDERED that, upon remittitur from the Court of Appeals, the appeal isdismissed.</p><p>The Court of Appeals has determined that defendant's failure to file an affidavit oferror requires the dismissal of the appeal. We note that defendant has moved for a writ oferror coram nobis on the ground that his counsel was ineffective in failing to file such anaffidavit (<a href="../2014/2014_04233.htm" target="_blank"><i>see People vAndrews</i>, 23 NY3d 605</a> [2014]; <a href="../2010/2010_07249.htm" target="_blank"><i>People v Syville</i>, 15 NY3d 391</a>, 394-398 [2010]; <a href="../2011/2011_21085.htm" target="_blank"><i>People v Bartholomew</i>, 31Misc 3d 698</a>, 703 [Broome County Ct 2011]; <i>cf.</i> CPL 460.30 [1] [a]), andthe motion is being granted simultaneously herewith (<i>People v Smith</i>, 2016 NYSlip Op [App Term, 2d Dept, 9th &amp; 10th Jud Dists 2016]).</p><p>Iannacci and Tolbert, JJ., concur.</p><p>Nicolai, P.J., taking no part.</p><br>Decision Date: August 16, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 21-2088

___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee ,

v. Nathan Stone, lllllllllllllllllllll Defendant - Appellant .

____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville

____________ Submitted: February 22, 2022 Filed: February 28, 2022 [Unpublished]

____________ Before COLLOTON, SHEPHERD, and GRASZ, Circuit Judges.

____________ PER CURIAM. Nathan Stone appeals the sentence imposed by the district court 1 after he pleaded guilty to a drug offense. Stone argues that the district court abused its

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.discretion by imposing a substantively unreasonable sentence after giving insufficient

weight to mitigating factors such as his drug addiction and the nonviolent nature of his offense.We review the reasonableness of a sentence under a deferential abuse-ofdiscretion standard. Gall v. United States , 552 U.S. 38, 41 (2007). We conclude that Stone’s sentence was not substantively unreasonable, as there is no indication that the court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing the relevant factors. See United States v. Pickar , 666 F.3d 1167, 1169 (8th Cir. 2012). The court made an individualized assessment based on the facts presented in its consideration of the factors under 18 U.S.C. § 3553(a). See United States v. Stults , 575 F.3d 834, 849 (8th Cir. 2009). Accordingly, we affirm.

______________________________

-2-
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.                  

###### Department of Health and Human Services

###### National Institute for Occupational Safety and Health

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice concerning the final effect of the HHS decision to designate a class of employees at Westinghouse Atomic Power Development Plant in East Pittsburgh, Pennsylvania, as an addition to the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program Act of 2000. On March 31, 2009, as provided for under 42 U.S.C. 7384q(b), the Secretary of HHS designated the following class of employees as an addition to the SEC:

All Atomic Weapons Employer employees who worked at Westinghouse Atomic Power Development Plant in East Pittsburgh, Pennsylvania, from August 13, 1942 through December 31, 1944, for a number of work days aggregating at least 250 work days, occurring either solely under this employment or in combination with work days within the parameters established for one or more other classes of employees in the SEC.

This designation became effective on April 30, 2009, as provided for under 42 U.S.C. 7384l(14)(C). Hence, beginning on April 30, 2009, members of this class of employees, defined as reported in this notice, became members of the Special Exposure Cohort.

# FOR FURTHER INFORMATION CONTACT:

                        Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to                         *OCAS@CDC.GOV*.                    

Christine M. Branche,

Acting Director, National Institute for Occupational Safety and Health. 

[FR Doc. E9-10829 Filed 5-7-09; 8:45 am]

BILLING CODE 4163-19-P
EXHIBIT 32

CERTIFICATION OF

THE TRUSTEE*

OF THE SAN JUAN BASIN ROYALTY TRUST

PURSUANT TO 18 U.S.C. § 1350

In connection with the accompanying report on Form 10-Q for the quarter ended June 30, 2013 and filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lee
Ann Anderson, Vice President and Senior Trust Officer of Compass Bank, on behalf of Compass Bank, the Trustee of the San Juan Basin Royalty Trust (the Trust), not in its individual capacity but solely as Trustee of the Trust, hereby
certify that:



| | 1. | The Report fully complies in all material respects with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (as explained in Note 1
to the Trusts financial statements contained in the Report, in accordance with Securities and Exchange Commission Staff Accounting Bulletin No. 47, released September 16, 1982, the Trust prepares its financial statements in a manner
that differs from generally accepted accounting principles; such presentation is customary to other royalty trusts); and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------



COMPASS BANK, AS TRUSTEE OF THESAN JUAN BASIN ROYALTY TRUSTBy:

/s/ Lee Ann AndersonName:

Lee Ann AndersonTitle:

Vice President and Senior Trust OfficerDate:

August 9, 2013




|* | The Trust has no executive officers.
|- | ------------------------------------