alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment
      No. 1 to Letter Agreement

    


    THIS
      AMENDMENT
      is made
      this 21st
      day of
      November, 2007, by and between Trinad
      Capital Master Fund, Ltd. (“Trinad”) and Driftwood Ventures, Inc. (the
“Company”). 

    


    WHEREAS,
      the
      Company entered into that certain letter agreement with Trinad dated October
      24,
      2007 (the “Loan Agreement”), in connection with a loan from Trinad to the
      Company of up to a principal amount of $100,000 (the “Loan”); and

    


    WHEREAS,
      the
      Company has requested that Trinad increase the principal amount of the Loan,
      and
      Trinad has agreed to do so, and the parties agree to enter into this
      amendment.

    


    NOW
      THEREFORE,
      for
      good and valuable consideration, the receipt and sufficiency of which are hereby
      acknowledged, the parties hereby amend the Loan Agreement as
      follows:

    


    
      	
            	1.	
              Increase
                in Principal Amount of the Loan.  The Loan Agreement is hereby
                amended to (i) increase the principal amount of the Loan to up to
                $250,000
                and (ii) the entire outstanding principal amount of the Loan and
                any
                accrued interest thereon shall be due and payable by the Company
                upon, and
                not prior to, a Next Financing, which shall be increased to an amount
                of
                not less than $500,000.

            


    

    


    
      	
            	2.	
              Ratification. Except
                as herein amended, all of the terms and conditions of the Loan Agreement
                are hereby ratified and confirmed, and shall remain in full force
                and
                effect.

            


    

    


    Acknowledged
      and agreed to:

    


    Driftwood
      Ventures, Inc.

     

    
      	
              By:

            	
              /s/
                Charles Bentz

            
	
               

            	
              Name:
                Charles Bentz

              
                Title:
                  Chief Financial Officer 

              

            


    

    


    Trinad
      Capital Master Fund, Ltd.

    


    
      	
              By:

            	
              /s/
                Jay Wolf

            
	
               

            	
              Name:
                Jay Wolf

              
                Title:
                  Director
#### State v. Rose

Case below: 177 N.C. App. 463

No. 300P06

1. Defs NOA Based Upon a Constitutional Question (COA05-994)

2. AG’s Motion to Dismiss Appeal

3. Defs PDR Under N.C.G.S. § 7A-31

1. _

2. Allowed 01/25/07

3. Denied 01/25/07
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-6405

TAVON HILTON,

Petitioner - Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Norfolk. Mark S. Davis, District Judge. (2:18-cv-00093-MSD-RJK)

Submitted: August 7, 2018 Decided: August 16, 2018

Before GREGORY, Chief Judge, MOTZ, Circuit Judge, and SHEDD, Senior Circuit 

Judge.

Dismissed by unpublished per curiam opinion.

Tavon Hilton, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Tavon Hilton seeks to appeal the district court’s order adopting in part the 

recommendation of the magistrate judge and dismissing his 28 U.S.C. § 2254 (2012) 

petition as successive. 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) (2012); Jones v. Braxton, 

392 F.3d 683, 688 (4th Cir. 2004). 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) 

(2012). When the district court denies relief on the merits, a prisoner satisfies this 

standard by 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 constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Hilton has not 

made the requisite showing. Accordingly, we deny a certificate of appealability, deny 

leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process. 

DISMISSED
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN DAVID TORRES-VASQUEZ, 

Petitioner, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

No. 19-71560 

Agency No. A203-290-712 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 2, 2020**

Before: LEAVY, PAEZ, and BENNETT, Circuit Judges. 

Juan David Torres-Vasquez, a native and citizen of Colombia, petitions for 

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal 

from an immigration judge’s (“IJ”) decision denying a waiver of inadmissibility. 

We dismiss the petition for review. 

We lack jurisdiction to review the agency’s discretionary decision denying a 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-71560 

waiver of inadmissibility under 8 U.S.C. § 1182(h)(1)(B), where Torres-Vasquez 

does not raise a colorable due process claim or question of law. See 8 U.S.C. 

§ 1252(a)(2)(B)(i); Mendoza v. Holder, 623 F.3d 1299, 1302 (9th Cir. 2010). We 

also lack jurisdiction to review Torres-Vasquez’s unexhausted contention that the 

IJ should have allowed him additional opportunity to submit corroborating 

evidence. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court 

“lack[s] jurisdiction to review legal claims not presented in an alien’s 

administrative proceedings before the BIA.”). 

Torres-Vasquez’s motion for a stay of removal is denied as moot. 

PETITION FOR REVIEW DISMISSED.
EX-4.07



 





Exhibit 4.07




CERTIFICATE OF TRUST



OF


CITIGROUP CAPITAL XXV



     This Certificate of Trust is being executed as of November 15, 2007 for the purposes of
organizing a statutory trust pursuant to the Delaware Statutory Trust Act, 12 Del. C. §3801 et seq.
(the “Act”).



     The undersigned, the trustees of Citigroup Capital XXV, hereby certify as follows:



     1. Name. The name of the statutory trust being formed hereby is “Citigroup Capital XXV” (the
“Trust”).



     2. Delaware Trustee. The name and business address of the trustee of the Trust which has its
principal place of business in the State of Delaware are as follows:


The Bank of New York (Delaware)

100 White Clay Center

Route 273

P. O. Box 6995

Newark, DE 19711




     3. Effective. This Certificate of Trust shall be effective immediately upon filing in the
Office of the Secretary of State of the State of Delaware.



1









 





Dated: November 15, 2007




	 	 	 	 	 	 	 
	 

	 	By:
	 	/s/ John Gerspach
	 	 
	 

	 	 	 	 	 	 
	 	 	John Gerspach, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Eric L. Wentzel	 	 
	 

	 	 	 	 	 	 
	 	 	Eric L. Wentzel, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Saul Rosen	 	 
	 

	 	 	 	 	 	 
	 	 	Saul Rosen, as Regular Trustee
	 
	 	 	 	 	 	 
	 	 	THE BANK OF NEW YORK (DELAWARE),
	 	 	as Delaware Trustee
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Kristine K. Gullo	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Kristine K. Gullo
	 	 	Title: Vice President
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	CITIGROUP INC.,
	 	 	as Sponsor
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Charles E. Wainhouse	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Charles E. Wainhouse
	 	 	Title: Vice President






2
EX-4.4



 





Exhibit 4.4




CERTIFICATE OF TRUST




OF




NATIONAL CITY CAPITAL TRUST VI




     THIS CERTIFICATE OF TRUST of NATIONAL CITY CAPITAL TRUST VI (the “Trust”), dated as of
November 5, 2007 is being duly executed and filed by the undersigned, as trustee, to form a
statutory trust under the Delaware Statutory Trust Act (12 Del. C. (Section) 3801 et seq.).



     1. NAME. The name of the statutory trust being formed hereby is National City Capital Trust
VI.



     2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust with a
principal place of business in the State of Delaware are as follows:



The Bank of New York (Delaware)

White Clay Center, Route 273

New Castle County

Newark, Delaware 19711

Attention: Corporate Trust




     3. EFFECTIVE DATE. This Certificate of Trust shall be effective upon filing.



     IN WITNESS WHEREOF, the undersigned, being the trustee of the Trust, has executed this
Certificate of Trust as of the date first above written.



	 	 	 	 	 
	 	THE BANK OF NEW YORK (DELAWARE)

Not in its individual capacity, but
solely as Delaware Trustee

 	 
	 	By:  	/s/ Kristine K. Gullo	 
	 	 	Name: Kristine K. Gullo	 
	 	 	Title: Vice President
THE THIRTEENTH COURT OF APPEALS

13-13-00067-CR

FELIPE DIAZ

v.

THE STATE OF TEXAS

On Appeal from the

130th District Court of Matagorda County, Texas

Trial Cause No. 10-319

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be AFFIRMED. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

January 23, 2014
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EXHIBIT
      10.11

     

    MAXIMUM
      CREDIT GUARANTY 

    


    Obligee:
       Agricultural Bank of China (Chongwen Sub-branch, Beijing) 

     

    Debtor:
       Duoyuan Digital Printing Technology Industry (China) Co., Ltd.


     

    Obligor:
       Hunan Duoyuan Printing Machinery Co. Ltd.

     

    The
      Agreement No. is (2004) 124.

     

    Obligor
      agrees to guarantee the full payment of principal, interest, expenses and other
      amounts owed by the Debtor to Obligee for a borrowing amount of no more than
      RMB44,150,000.  The term of this Guaranty is from July 29, 2004 to July 28,
      2006.  Debtor may borrow one or more loans from Obligee during the term of
      this Guaranty without providing any additional Guaranty to each
      other.
[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Page 25262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12245]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Research Resources; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Research Resources 
Special Emphasis Panel; Conference Grants 1.
    Date: July 1, 2009.
    Time: 1 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference 
Call).
    Contact Person: Steven Birken, PhD, Scientific Review Officer, 
Office of Review, National Center for Research Resources, National 
Institutes of Health, 6701 Democracy Blvd., 10th Fl., Bethesda, MD 
20892, (301) 435-1078, <a href="/cdn-cgi/l/email-protection#c1a3a8b3aaa4afb281aca0a8adefafa8a9efa6aeb7"><span class="__cf_email__" data-cfemail="fa989388919f9489ba979b9396d4949392d49d958c">[email protected]</span></a>.

    Name of Committee: National Center for Research Resources 
Special Emphasis Panel; Recovery Act Limited Competition: Extramural 
Research Facilities Improvement, Program 1 (C06).
    Date: July 20-24, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892, (Virtual Meeting).
    Contact Person: Barbara J. Nelson, PhD, Scientific Review 
Officer, Office of Review, National Center for Research Resources, 
NIH, 6701 Democracy Blvd., Room 1080, 1 Democracy Plaza, Bethesda, 
MD 20892, (301) 435-0806.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research; 93.371, Biomedical 
Technology; 93.389, Research Infrastructure, 93.306, 93.333; 93.702, 
ARRA Related Construction Awards, National Institutes of Health, 
HHS)

    Dated: May 18, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-12245 Filed 5-26-09; 8:45 am]
BILLING CODE 4140-01-P


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<PAGE>

                                                                     EXHIBIT 23
                                                                     ----------


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 33-83160 and 33-06565) of Zoltek Companies, Inc. of
our report dated December 13, 2002, except for Note 6, which is as of February
18, 2003, relating to the consolidated financial statements of Zoltek Companies,
Inc., which appears in this Form 10-K. We also consent to the incorporation by
reference of our report dated December 13, 2002 relating to the Financial
Statement Schedule, which appears in this Form 10-K.


/s/PricewaterhouseCoopers LLP
-------------------------------
PricewaterhouseCoopers LLP
St. Louis, Missouri
February 18, 2003
#### GORA v. JENKINS BROS.

Civ. No. 1420.

District Court, D. Connecticut.

Jan. 14, 1948.

Robert P. Butler, Valentine J. Sacco, and Butler, Volpe & Garrity all of Hartford Conn., for plaintiff.

Raymond E. Hackett, and Cummings & Lockwood, all of Stamford, Conn., for defendant.

SMITH, District Judge.

Plaintiff’s claim for jury was not timely filed. He asks that the case go to the jury nevertheless by exercise of the Court’s discretion on the ground that defendant was not misled, since plaintiff had several times referred to the prospective trial to the jury in correspondence.

Yet there is no claim that plaintiff misunderstood the situation in any way. He did not believe defendant had claimed or had promised to claim a jury within the time limit.

There is here no question of ignorance of the Rules or of any recent changes therein. No valid excuse appears if the failure to claim was due to oversight, nor any valid reason to set aside the waiver if the waiver had been intentional.

Moreover, the issues, including questions of scope of patents and of accounting in determining value, cannot be said to be peculiarly adapted to trial by jury.

Defendant’s motion to strike demand for trial by jury is granted.

Plaintiff’s motion for jury trial is denied.
Exhibit 31.1Cronos Global Income Fund XIVRule 13a-14 Certifications     I, Dennis J. Tietz, certify that:     1. I have reviewed this annual report on Form 10-K of Cronos Global Income Fund XIV (the“Partnership”);     2. Based on my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report;     3. Based on my knowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the Partnership as of, and for, the periods presented in this annualreport;     4. The other certifying officer of Cronos Capital Corp. (“CCC”), the General Partner of thePartnership, and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Partnership and wehave:          (a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe Partnership, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;and          (b) evaluated the effectiveness of the Partnership’s disclosure controls and procedures andpresented in this annual report our conclusions about the effectiveness of the disclosure controlsand 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 Partnership’s internal control over financialreporting that occurred during the Partnership’s most recent fiscal quarter (the Partnership’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the Partnership’s internal control over financialreporting.     5. CCC’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the Partnership’s auditors and the Audit Committeeof Partnership’s Board of Directors (or persons performing the equivalent function):          (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect thePartnership’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 havea significant role in the Partnership’s internal control over financial reporting.Date: March 24, 2006/s/ DENNIS J TIETZ
Exhibit 31.1 CERTIFICATION I, Neil M. Leibman, certify that: 1.
       I have reviewed this quarterly report on Form 10-Q of Gexa Corp.; 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 officers 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 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 in which 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 that has materially affected, or is reasonably likely to materially
effect, the registrants internal control over financial reporting; and 5.
The registrants other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions): (a)
      All  significant  deficiencies  and material  weaknesses in the design or operation
of 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. /s/ Neil M. LeibmanNeil M.
LeibmanChief Executive OfficerDated: May 12, 2005 36