alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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October 2, 2013

Courtney Muraski, Esq.

Orrick Herrington & Sutcliffe, LLP
1120 NW Couch Street, Suite 200
Portland, OR 97209

Re: Smith River Rancheria financing agreements
Dear Ms. Muraski:

This letter responds to your request to the National Indian Gaming Commission
(NIGC) for an advisory opinion regarding certain financing agreements the Smith River
Rancheria (Tribe”) entered into with Umpqua Bank. Specifically, you have asked for my
opinion whether the financing agreements are management contracts requiring the NIGC
Chairwoman’s approval under the Indian Gaming Regulatory Act (“IGRA”). You also
asked for my opinion whether the financing agreements violate IGRA’s requirement that
a tribe have the sole proprietary interest in its gaming operation.

In my review, I considered the following submissions (collectively, “the
Financing Agreements”):

. Second Amended and Restated Credit Agreement draft dated 8/10/13; and
. Exhibits to Amended and Restated Credit Agreement draft dated 8/10/13.

The documents submitted by the Tribe contain terms similar to other agreements
the Office of General Counsel has already reviewed and analyzed. See
www.nigc.gov/Reading_Room/Management_Review_Letters.aspx. Applying the same
analysis here, it is my opinion that the Financing Agreements submitted by the Tribe are
collectively not management contracts and do not require the approval of the
Chairwoman. Further, the Financing Agreements do not violate IGRA’s sole proprietary
interest requirement.

Conclusion

Tanticipate that this letter will be the subject of Freedom of Information Act
(FOIA) requests. Since we believe that some of the information contained herein may fall

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax 202.632.7066 Www.NiGc.Gov

REGIONAL oFFIcEs Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


within FOIA Exemption 4(c), which applies to confidential proprietary information, the
release of which could cause substantial harm, I ask that you provide me with your views
regarding release within ten days.

If you have any questions, please contact NIGC Senior Attorney John Hay at
(202) 632-7003.

Sincerely,

Eric Shepard
Acting General Counsel

ce: Robert Black, Esq.
II 

Calendar No. 404 

111TH CONGRESS 

2D SESSION S. 3100 

[Report No. 111–196] 

To reinstate and extend the deadline for commencement of construction of 

a hydroelectric project involving the Little Wood River Ranch. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2010 

Mr. RISCH (for himself and Mr. CRAPO) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

MAY 24, 2010 

Reported by Mr. BINGAMAN, without amendment 

A BILL 

To reinstate and extend the deadline for commencement of 

construction of a hydroelectric project involving the Little 

Wood River Ranch. 

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


PWALKER on DSK8KYBLC1PROD with BILLS
2 

•S 3100 RS

1 SECTION 1. EXTENSION OF TIME FOR FEDERAL ENERGY 

2 REGULATORY COMMISSION PROJECT IN3 VOLVING LITTLE WOOD RIVER RANCH. 

4 Notwithstanding the time period specified in section 

5 13 of the Federal Power Act (16 U.S.C. 806) that would 

6 otherwise apply to the Federal Energy Regulatory Com7 mission project numbered 12063, the Federal Energy 

8 Regulatory Commission shall, at the request of the li9 censee for the project, and after reasonable notice and in 

10 accordance with the procedures of the Commission under 

11 that section— 

12 (1) extend the time period during which the li13 censee is required to commence the construction of 

14 project works to the end of the 3-year period begin15 ning on the date of enactment of this Act; or 

16 (2) if the license for Project No. 12063 has 

17 been terminated, reinstate the license and extend the 

18 time period during which the licensee is required to 

19 commence the construction of project works to the 

20 end of the 3-year period beginning on the date of en21 actment of this Act. 


PWALKER on DSK8KYBLC1PROD with BILLS

PWALKER on DSK8KYBLC1PROD with BILLS
Calendar No. 404 

111TH CONGRESS 

2D SESSION S. 3100 

[Report No. 111–196] 

A BILL 

To reinstate and extend the deadline for commenceinvolving the Little Wood River Ranch. ment of construction of a hydroelectric project 

MAY 24, 2010 

Reported without amendment 


PWALKER on DSK8KYBLC1PROD with BILLS
#### BULLOCK v. STERLING DRUG, Inc.

Civ. A. No. 8240.

United States District Court E. D. Pennsylvania.

Dec. 17, 1948.

John B. Martin, of Philadelphia, Pa., for plaintiff.

C. Russell Phillips, of Philadelphia, Pa., for defendant.

McGRANERY, District Judge.

This is a motion under Federal Rules of Civil Procedure, rule 39(b), 28 U.S.C.A., for an order placing the instant case upon the jury trial list. Counsel have agreed in open court that the facts are accurately set forth in the briefs as follows: Plaintiff’s complaint, which alleges breach of contract, was filed on March 3, 1948. An answer was filed on March 24. On June 14, 1948, after obtaining leave of court, plaintiff filed an amended complaint which did not change the substance of the original complaint. Defendant’s answer to the complaint was filed on June 16. On October 7, 1948, the plaintiff filed a “notice of motion for jury trial.” There was no previous demand for jury trial in accordance with Rule 38. Rule 39(b) provides that:

“Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.”

Both parties agree that plaintiff by his-inaction has waived his right to jury trial and that the request is addressed to the-court’s discretion under Rule 39. See William Goldman Theatres, Inc. v. Kirkpatrick, et al., 3 Cir., 154 F.2d 66, 69.

Under these circumstances, and in the exercise of that discretion, I do not think that the motion should be granted. The only reason advanced for plaintiff’s failure to demand jury trial at the proper time is-that an “oversight” occurred. This statement appears in the brief in support of the motion, but no mention is made of the nature of the oversight, or of possible extenuating circumstances. As a matter of fact, it appears that no written motion has-been filed at all, and that the “notice of motion for jury trial” which might betaken as incorporating the motion contains no allegation at all as to its basis. There-*576are factors, in addition, which lead me to deny the motion. Thus, plaintiff states in his brief that he discovered the oversight on or about August 17, 1948. The instant motion was not filed until about six weeks later. Moreover, the nature of the action calls for a determination of two issues; whether a contract existed between plaintiff and defendant, and, if so, what were its terms regarding severance pay. Neither of these issues seems to be peculiarly suitable for jury trial rather than trial by the court. In addition, defendant is a nonresident corporation which may be put to greater expense and inconvenience by a jury trial. Perhaps none of these additional factors, and certainly not the last, would alone justify denial of the motion. But taken together, and in connection with the nature of the pleading, I feel justified in taking-that action. Therefore, an order will be entered denying the motion in accordance with this opinion.
---

---

Exhibit 13.1

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 Annual Report on Form 20-F of American Israeli Paper Mills
Limited (the Company) for the year ended December 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the Report), the
undersigned Avi Brener, Active Chief Executive Officer of the Company, certifies,
pursuant to 18 U.S.C. section. 1350, as adopted pursuant to section. 906 of the
Sarbanes-Oxley Act of 2002,to the best of his knowledge and belief, that:

| | (1)        The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and
| | --------------------------------------------------------------------------------------------------------------------------------------------

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

|Date: June 22,  2008 |  | By: /s/ Avi Brener
Avi BrenerChief Executive Officer
|-------------------- |  | ------------------------------------------------------------------



---

---
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<PAGE>   1
                                                                   EXHIBIT 10.16


                        FIRST AMENDMENT TO LOAN AGREEMENT

        THIS FIRST AMENDMENT TO LOAN AGREEMENT ("First Amendment") is entered
into as of May 30, 1997, between LEGEND PROPERTIES, INC. ("Legend"), as
Borrower, and RGI Holdings, Inc.
("Holdings"), as Lender.

                                    RECITALS

        A. Legend and Holdings entered into that certain Loan Agreement dated as
of March 31, 1997 (the "Loan Agreement"), pursuant to which Holdings agreed to
make loans to Legend during the period beginning March 31, 1997 and ending
December 31, 1997, in the aggregate principal sum of $8,500,000.00 (the
"Commitment").

        B. Legend and Holdings desire to increase the Commitment to
$17,000,000.00.

        NOW, THEREFORE, Legend and Holdings hereby agree as follows:

        1. Section 1.1 of the Loan Agreement is hereby amended by replacing
"$8,500,000" with "$17,000,000." As a condition precedent to the increase in the
Commitment, Borrower shall execute and deliver to Lender the following
documents:

           a.  This First Amendment;

           b.  A replacement promissory note in the form attached hereto, which
               shall replace Exhibit A to the Loan Agreement;

           c.  Amendments to the Guaranty and Deeds of Trust in form and
               substance satisfactory to Lender;

           d.  Evidence of the Borrower's corporate authority to enter into this
               First Amendment; and

           e.  Evidence reasonably satisfactory to Lender concerning the
               perfection and priority of its Lien on the Mortgaged Property, as
               security for the increased amount of the Loan Commitment.

        2. Except as amended by this First Amendment, all other terms of the
Loan Agreement shall remain in full force and effect.

        IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed by their respective officers or agents thereunto duly authorized as of
the date first above written.

BORROWER:                              LENDER:

LEGEND PROPERTIES, INC.                RGI HOLDINGS, INC.

By  /s/ RAYMOND J. WHITTY              By /s/ KENNETH L. UPTAIN
   --------------------------            -----------------------------
   Raymond J. Whitty                     Kenneth L. Uptain
Its Treasurer                          Its President


                                       1
Delaware Nation
P.O. Box 825
Anadarko, OK 73005
405 / 247-2448
Fax: 405 / 247-9393

Jonodev Chaudhuri, Chairman
National Indian Gaming Commission
1849 C Street Northwest
Washington, D.C. 20240

ATTN: Vanice Doulou, via email (Vanice_Doulou@nige.gov)

Re: 25 C.F.R. 547.5
2008 Class Il Gaming Systems
Notice of Discussion Draft

Dear Chairman Chaudhuri:

The Delaware Nation appreciates the opportunity to comment on regulatory changes proposed by the
National Indian Gaming Commission (NIGC) prior to implementation and is thankful that the NIGC takes
such comments and discussions into consideration so as to limit the economic impact of any regulation.

Please consider this letter to be the official comment from the Delaware Nation in regards to changes to
25 C.F.R. 547.5 (2008 Class Il Gaming Systems Notice of Discussion Draft). At this time the Delaware
Nation would like to take this opportunity to express Support and agreement with the comments
submitted by the OTGRA on the same Subject. i

Specifically, we want to express our wel mifig “i the consolidation of the “grandfathering” provision
and the elimination of the sunset provision in Subsection (a) of the Discussion Draft. The elimination of
the Class II systems in question would, ‘come as a huge economic encumbrance to the Delaware Nation
and we believe that the amendment will reduce the economic impact of regulatory changes.

The Delaware Nation is once again thankful for the NIGC’s consideration and hopes that our
recommendation is helpful to the NiGC. moving forward. If you have any questions, please feel free to
contact us at (405) 247-2448.

Respectfully,

WD

Deborah Dotson, President,
Delaware Nation

cc. Delaware Executive Committee
Delaware Tribal Administrator
Delaware Gaming Commissioner
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q
for the period ended September 30, 2009 (the Report) of PlainsCapital Corporation (the Company), the undersigned hereby certify in their capacities as Chief Executive Officer and Executive Vice President
and Chief Financial Officer, respectively, 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 their knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the
periods presented in the Report.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |        |  |                                                     
|---------------------- |  | ------ |  | ----------------------------------------------------
|Date: October 21, 2009 |  | By:    |  | /s/ Alan B. White                                   
|                       |  | Name:  |  | Alan B. White                                       
|                       |  | Title: |  | President and Chief Executive Officer               
|                       |  |       
|Date: October 21, 2009 |  | By:    |  | /s/ Allen Custard                                   
|                       |  | Name:  |  | Allen Custard                                       
|                       |  | Title: |  | Executive Vice President and Chief Financial Officer

The foregoing certification is furnished as an exhibit to the Report and will not be deemed
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, whether
made before or after the date hereof, regardless of any general incorporation language in such filing.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q for the period ended March 31, 2010 (the Report) of PlainsCapital
Corporation (the Company), the undersigned hereby certify in their capacities as Chief Executive Officer and Executive Vice President and Chief Financial Officer, respectively, 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 their knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the
periods presented in the Report.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |        |  |                                      
|----------------- |  |  |  | ------ |  | -------------------------------------
|Date: May 5, 2010 |  |  |  | By:    |  | /s/ ALAN B. WHITE                    
|                  |  |  |  | Name:  |  | Alan B. White                        
|                  |  |  |  | Title: |  | President and Chief Executive Officer



|                  |  |  |  |        |  |                                                     
|----------------- |  |  |  | ------ |  | ----------------------------------------------------
|Date: May 5, 2010 |  |  |  | By:    |  | /s/ ALLEN CUSTARD                                   
|                  |  |  |  | Name:  |  | Allen Custard                                       
|                  |  |  |  | Title: |  | Executive Vice President and Chief Financial Officer

The foregoing certification is furnished as an exhibit to the Report and will not be deemed filed for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, and will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the
date hereof, regardless of any general incorporation language in such filing.
Exhibit 32

SECTION 1350 CERTIFICATIONS

We, Lei Gu, Chief Executive Officer and Anthony K. Chan, Chief Financial Officer, of Zoom Technologies, Inc.,
a Delaware corporation (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that to the best of our knowledge:

1. the Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2010 (the "Report") fully
complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)); and

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

Date: August 19, 2010

/s/ Lei Gu            
Lei Gu
Chief Executive Officer
and/s/ Anthony K. Chan
Anthony K. Chan
Chief Financial Officer

The material contained in Exhibit 32.0 is not deemed "filed" with the SEC and is not to be incorporated by
reference into any filing of the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934,
whether made before or after the date hereof and irrespective of any general incorporation language contained in such
filing.

---
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

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<CIK>                    0000821616
<NAME>                   BENTLEY PHARMACEUTICALS, INC.
<CURRENCY>               1,000

<S>                              <C>
        <PERIOD-TYPE>                      9 MONTHS
        <FISCAL-YEAR-END>               DEC-31-1999
        <PERIOD-START>                  JAN-01-1999
        <PERIOD-END>                    SEP-30-1999
        <CASH>                                4,653
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        <INVENTORY>                           1,279
        <CURRENT-ASSETS>                     11,745
        <PP&E>                                5,525
        <DEPRECIATION>                       (1,633)
        <TOTAL-ASSETS>                       22,018
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        <CGS>                                 6,070
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        <INTEREST-EXPENSE>                      860
        <INCOME-PRETAX>                        (652)
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        <INCOME-CONTINUING>                  (1,187)
        <DISCONTINUED>                            0
        <EXTRAORDINARY>                           0
        <CHANGES>                                 0
        <NET-INCOME>                         (1,187)
        <EPS-BASIC>                         (0.14)
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