alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   EXHIBIT 10.18



                        THIRD AMENDMENT TO LOAN AGREEMENT

        THIS THIRD AMENDMENT TO LOAN AGREEMENT ("Third Amendment") is entered
into as of September 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 agreed to increase the Commitment to
$17,000,000.00 pursuant to the First Amendment to Loan Agreement dated as of May
30, 1997.

        C. Legend and Holdings agreed to increase the Commitment to
$21,000,000.00 pursuant to the Second Amendment to Loan Agreement dated August
13, 1997.

        D. Legend and Holdings now desire to further modify the Loan Agreement
to change the maturity date from December 31, 1997 to April 1, 1999.

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

        1. Sections 1.1 and 1.3 of the Loan Agreement are hereby amended by
replacing "December 31, 1997" with "April 1, 1999."

        2. Borrower and Lender acknowledge and agree that the Loans made
hereunder shall at all times be subordinated in all respects to the Borrower's
obligations to pay Lender the amounts due under the SoGen Note and the Morgens
Note, as these terms are defined in the Loan Agreement between Lender and Fokus
Bank ASA dated May 14, 1996, as amended on June 18, 1996, December 23, 1996,
June 30, 1997, and September 30, 1997.

        3. As a condition precedent to change the maturity date under the Loan
Agreement, Borrower shall execute and deliver to Lender the following documents:

           a.  This Third Amendment;

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

           c.  Evidence of the Borrower's corporate authority to enter into this
               Third Amendment.

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

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


<PAGE>   2
BORROWER:                              LENDER:

LEGEND PROPERTIES, INC.                RGI HOLDINGS, INC.

By /s/ ED PODBOY                       By /s/ RODNEY EATON
   -----------------------------          ----------------------------
   Ed Podboy                             Rodney Eaton
   Its President                         Its Vice President



                                       2
Exhibit 31  CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Kenneth Hamik certify that: 1. I have reviewed this Annual Report on Form 10-KSB of the small business issuer; 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 small business issuers other 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have: a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to me 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 my 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 most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) 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(s) 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.   Date:April 16, 2007By:/s/Kenneth HamikKenneth Hamik, President, Chief Executive Officer and Director
97-294.

#### State v. Conley.

In Habeas Corpus. *Sun sponte,*cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
Exhibit 32(i)

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





|(1) | The Annual Report on Form 10-K of each of the Companies for the year ended December 31, 2004 (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 each Report fairly presents, in all material respects, the financial condition and results of operations of each respective Company as of the dates and for the periods presented in  each Report.





/s/ Jay A. Lewis                                		Jay A. Lewis
Vice President and Chief Financial Officer of
Entergy Arkansas, Inc., Entergy Gulf States, Inc.,
Entergy Louisiana, Inc., Entergy Mississippi, Inc.,
and Entergy New Orleans, Inc.


Date:  	March 9, 2005
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
This schedule contains summary financial information extracted from Entergy
Gulf States' financial statements for the year ended December 31, 1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000044570
<NAME> ENTERGY GULF STATES, INC.
<SUBSIDIARY>
   <NUMBER> 006
   <NAME> ENTERGY GULF STATES, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    4,145,910
<OTHER-PROPERTY-AND-INVEST>                    436,117
<TOTAL-CURRENT-ASSETS>                         523,501
<TOTAL-DEFERRED-CHARGES>                       627,494
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               5,733,022
<COMMON>                                       114,055
<CAPITAL-SURPLUS-PAID-IN>                    1,153,131
<RETAINED-EARNINGS>                            202,782
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,469,968
<PREFERRED-MANDATORY>                          119,650
<PREFERRED>                                    201,444
<LONG-TERM-DEBT-NET>                         1,631,581
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                     65,038
<LEASES-CURRENT>                                51,973
<OTHER-ITEMS-CAPITAL-AND-LIAB>               2,193,368
<TOT-CAPITALIZATION-AND-LIAB>                5,733,022
<GROSS-OPERATING-REVENUE>                    2,127,208
<INCOME-TAX-EXPENSE>                            75,165
<OTHER-OPERATING-EXPENSES>                   1,806,210
<TOTAL-OPERATING-EXPENSES>                   1,806,210
<OPERATING-INCOME-LOSS>                        320,998
<OTHER-INCOME-NET>                              26,425
<INCOME-BEFORE-INTEREST-EXPEN>                 347,423
<TOTAL-INTEREST-EXPENSE>                       147,258
<NET-INCOME>                                   125,000
<PREFERRED-STOCK-DIVIDENDS>                     17,423
<EARNINGS-AVAILABLE-FOR-COMM>                  107,577
<COMMON-STOCK-DIVIDENDS>                       107,000
<TOTAL-INTEREST-ON-BONDS>                      161,326
<CASH-FLOW-OPERATIONS>                         345,151
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
Exhibit 32.2

                            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 China Granite Corporation a Nevada
corporation  (the  "Company")  on Form 10-KSB for the period ending December 31,
2003,  as  filed  with the Securities and Exchange Commission on the date hereof
(the  "Report"), Juan Chen, Chief Financial Officer of the Company, certifies to
the  best  of his knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant
to  ss.  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.

A  signed  original  of  this written statement required by Section 906 has been
provided  to  China  Granite  Corporation, and will be retained by China Granite
Corporation and furnished to the Securities and Exchange Commission or its staff
upon  request.


/s/ Juan Chen
--------------------------
Juan Chen
Chief Financial Officer
April 13, 2004


<PAGE>
Exhibit 12(f)

                  System Energy Resources, Inc.
    Computation of Ratios of Earnings to Fixed Charges and
               Ratios of Earnings to Fixed Charges
<TABLE>
<CAPTION>

                                                     1997      1998      1999      2000      2001
<S>                                                 <C>       <C>       <C>       <C>       <C>
Fixed charges, as defined:
  Total Interest                                    $128,653  $116,060  $147,982  $118,519  $138,018
  Interest applicable to rentals                       6,065     5,189     3,871     5,753     4,458
                                                   -------------------------------------------------
Total fixed charges, as defined                     $134,718  $121,249  $151,853  $124,272  $142,476
                                                   =================================================
Earnings as defined:
  Net Income                                        $102,295  $106,476   $82,375   $93,745  $116,355
  Add:
    Provision for income taxes:
      Total                                           74,654    77,263    53,851    81,263    43,761
    Fixed charges as above                           134,718   121,249   151,853   124,272   142,476
                                                   -------------------------------------------------
Total earnings, as defined                          $311,667  $304,988  $288,079  $299,280  $302,592
                                                   =================================================
Ratio of earnings to fixed charges, as defined          2.31      2.52      1.90      2.41      2.12
                                                   =================================================
</TABLE>
[968 NE2d 994, 945 NYS2d 639]

#### In the Matter of O., Respondent, v M., Appellant.

Decided May 1, 2012

*829APPEARANCES OF COUNSEL

*Ronald R. Levine,*Poughkeepsie, for appellant.

*Law Office of Bruce A. Petito,*Poughkeepsie *(Bruce A. Petito*of counsel), for respondent.

*Brooke & Brady, LLP,*Poughkeepsie *(Kelly R. Brady*of counsel), Attorney for the Child.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for further proceedings in accordance with this memorandum.

Family Court erred by failing to hold a hearing on equitable *830estoppel after genetic testing was conducted *(see Matter of Juanita A. v Kenneth Mark N.,*15 NY3d 1 [2010]; *Matter of Shondel J. v Mark D.,*7 NY3d 320 [2006]). Additionally, we note that Family Court has subject matter jurisdiction to make a child support award against appellant notwithstanding a New Jersey order directing another individual to pay child support *(see Matter of Clarke v Clarke,*68 AD3d 1203, 1204-1205 [3d Dept 2009]). Consequently, we remit the matter to Family Court for a hearing and determination addressing appellant’s equitable estoppel claim *(see Juanita A.,*15 NY3d at 6), and any further proceedings, if appropriate.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
S. 3186 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To reauthorize the Satellite Home Viewer Extension and Reauthorization Act of 

2004 through April 30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

This Act may be cited as the ‘‘Satellite Televison Extension 

Act of 2010’’. 

SEC. 2. SATELLITE TELEVISION EXTENSION. 

(a) AMENDMENTS TO SECTION 119 OF TITLE 17, UNITED STATES

CODE.— 

(1) IN GENERAL.—Section 119 of title 17, United States 

Code, is amended— 

(A) in subsection (c)(1)(E), by striking ‘‘March 28, 2010’’ 

and inserting ‘‘April 30, 2010’’; and 

(B) in subsection (e), by striking ‘‘March 28, 2010’’ 

and inserting ‘‘April 30, 2010’’. 

(2) TERMINATION OF LICENSE.—Section 1003(a)(2)(A) of 

Public Law 111–118 is amended by striking ‘‘March 28, 2010’’, 

and inserting ‘‘April 30, 2010’’. 

(b) AMENDMENTS TO COMMUNICATIONS ACT OF 1934.—Section 

325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is 

amended— 

(1) in paragraph (2)(C), by striking ‘‘March 28, 2010’’ and 

inserting ‘‘April 30, 2010’’; and 
S. 3186—2 

(2) in paragraph (3)(C), by striking ‘‘March 29, 2010’’ each 

place it appears in clauses (ii) and (iii) and inserting ‘‘May 

1, 2010’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
Exhibit 31(a)

CERTIFICATIONS

** 
I, J. Wayne Leonard, certify that:  
1.
I have reviewed this annual report on Form 10-K of Entergy Corporation;  
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 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) 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)  Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;   
c) 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   
d) 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 affect, the registrant's internal control over financial reporting; and  
5.
The registrant's other certifying officer 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 internal control 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/ J. Wayne Leonard			

**
#### In the Matter of Ermelinda Rodrigues, Deceased. Jose Rodrigues, Appellant; Marie Hammel, Respondent.

[823 NYS2d 205]

*927In a proceeding pursuant to SCPA 2102 to compel the executrix of the estate to sell real property, the petitioner appeals from an order of the Surrogate’s Court, Westchester County (Scarpino, S.), dated August 24, 2005, which granted the executor’s motion for summary judgment dismissing the petition.

Ordered that the order is affirmed, with costs.

The testator’s will directed the executrix of her estate to sell, as soon as practically possible, any real property that she owned at her death, at market price. Paragraph “FIFTH” of the will provided, however, that in the event one of the beneficiaries wished to purchase the real property, “said beneficiary shall have the first opportunity to purchase the property.” To obtain the benefit of this provision, the will stated that, “[s]aid beneficiary must notify my Executrix of said intentions, in writing, within two months of my death.”

The prime consideration in construction proceedings is the intention of the testator as expressed in the will *(see Matter of Fabbri,*2 NY2d 236, 239 [1957]). “All rules of interpretation are subordinated to the requirement that the actual purpose of the testator be sought and effectuated as far as is consonant with principles of law and public policy” *(id.*at 239-240). “Where language is unambiguous and supports a reasonable meaning, it must be accepted as manifesting the [testator’s] intention; the court is bound and the canons of construction do not come into play” *(Matter of Clark,*304 AD2d 1034, 1034 [2003]; *Matter of Gouraud,*85 AD2d 342, 344 [1982]). “There is no basis to disregard express terms in a will, absent ambiguity” (304 AD2d at 1034).

Here, paragraph “FIFTH” of the will unambiguously stated that in order for a beneficiary to be entitled to the “first opportunity” to purchase the property, the beneficiary must provide the Executrix with written notice of his intention, within two months of the testator’s death. Since the petitioner, a beneficiary under the will, failed to comply with this notice requirement, he failed to invoke his entitlement to the first opportunity to purchase the real property. Accordingly, the Surrogate’s Court properly dismissed the petition *(see Matter of Fabbri, supra; Matter of Clark, supra).*Miller, J.P., Ritter, Spolzino and Dillon, JJ., concur.
Exhibit 31.3

CERTIFICATION

I, David M. Velazquez, certify that:



|1. | I have reviewed this report on Form 10-K/A of Potomac Electric Power Company; and
|-- | ---------------------------------------------------------------------------------



|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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                                                         
|------------------- |  | --------------------------------------------------------
|Date: March 5, 2012 |  | /s/ DAVID M. VELAZQUEZ                                  
|                    |  | David M. Velazquez President
and Chief Executive Officer