alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
d1364174_ex4-4.htm


Exhibit 4.4







ADDENDUM No. 2


to


the Management Agreement dated 19/05/2011 and any addenda thereto


(the "Management Agreement")







Between


TACITA OCEANWAY CARRIER CO.


of Liberia


(as Owner)







And







ALLSEAS MARINE S.A.


of Liberia


(as Manager)







In respect of the management of the Vessel CMA CGM KINGFISH (the "Vessel")







Notwithstanding the relevant provisions of the Management Agreement, it is this, 18th day of September 2012, mutually agreed between the Owner and the Manager that a clause 8.05 shall be added to read as follows:







"Unless the agreement is terminated by the Owner in accordance with Clauses 12.03 (iii) and (iv) of this Agreement or by reason of default by gross negligence or misconduct of Manager, its Directors, officers and/or employees in the performance under this Agreement, upon termination of this Agreement in relation to the Vessel, the Management Fee will be continued at the above rate then in effect for 90 days from the date of termination. This is to cover operating and accounting cost of finalizing the Vessels' disbursements, demurrage, etc. In addition, the Owner shall continue to pay the following:








	
  

	
i)

	
Crew support costs for a further period of three calendar months








	
  

	
ii)

	
An equitable proportion of any management staff redundancy costs which may materialize.












Notwithstanding the above, in the event that the Management Agreement is terminated in accordance with Clause 12.05, then the provisions of the Compensation Agreement between the Manager and Box Ships Inc. dated 12/09/2012, copy of which is attached hereto as Exhibit A, forming an integral part of this Agreement, or any renewal thereof shall be applied."







All other fees, terms, conditions and provisions of the Management Agreement remain unaltered and in full force and effect.







IN WITNESS WHEREOF the parties have signed this Addendum this 18th day of September, 2012.













	
FOR THE OWNER

	
FOR THE MANAGER


	
 

	
 


	
/s/ Maria Stefanou

	
/s/  George Skrimizeas


	
MARIA STEFANOU

	
GEORGE SKRIMIZEAS


	
Attorney-in-fact

	
Attorney-in-fact
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00109-CR

__________________

JUAN JOSE MORENO, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 9th District Court

Montgomery County, Texas

Trial Cause No. 22-04-04234-CR

__________________________________________________________________

MEMORANDUM OPINION

Although Juan Jose Moreno filed a notice of appeal, he failed to arrange to 

pay for the clerk’s record. See Tex. R. App. P. 35.3(a)(2). On April 30, 2024, the 

Clerk of the Court notified the parties that unless Moreno arranged to file the clerk’s 

record or explained why he needed additional time to do so, his appeal in Trial Court 

Cause Number 22-04-04234-CR would be dismissed for want of prosecution. The 

Court, however, has not received a response to its request. 
2

Retained counsel has represented Moreno in his appeal. Moreno has also not 

filed an affidavit of indigence, and nothing in the appellate record shows that Moreno 

is entitled to proceed without paying costs. See id. 20.2. 

Because Moreno has not explained why he failed to file the record in his 

appeal, the appeal is dismissed for want of prosecution. See id. 37.3(b), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 18, 2024

Opinion Delivered June 19, 2024

Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 1 of 17 PageID: 536
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 2 of 17 PageID: 537
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 3 of 17 PageID: 538
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 4 of 17 PageID: 539
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 5 of 17 PageID: 540
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 6 of 17 PageID: 541
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 7 of 17 PageID: 542
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 8 of 17 PageID: 543
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 9 of 17 PageID: 544
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 10 of 17 PageID: 545
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 11 of 17 PageID: 546
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 12 of 17 PageID: 547
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 13 of 17 PageID: 548
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 14 of 17 PageID: 549
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 15 of 17 PageID: 550
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 16 of 17 PageID: 551
Case 3:11-cv-02565-AET-DEA Document 56 Filed 03/16/12 Page 17 of 17 PageID: 552
SPEAKING ROSES INTERNATIONAL, INC.
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

Solely for the purposes of complying  with 18 U.S.C.  Section  1350,  as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, I, the  undersigned
President and Chief Executive Officer of Speaking Roses  International,  Inc., a
Utah corporation (the "Company"),  hereby certify,  based on my knowledge,  that
the Quarterly  Report on Form 10-QSB/A of the Company for the three months ended
March 31, 2004 (the "Report")  fully complies with the  requirements  of Section
13(a) of the Securities  Exchange Act of 1934 and that information  contained in
the Report fairly presents,  in all material respects,  the financial  condition
and results of operations of the Company.

 By /s/ Blaine Harris
    -------------------------------
    Blaine Harris, President
    and Chief Executive Officer

June 22, 2004
ADUBATO & JAFFE, ESQS.
725 Broadway

Bayonne, New Jersey 07002
(201) 858-3771

Attorneys for Defendant,
Galitano Gjoni

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : HON. JOSE LINARES, U.S.D.J.

Plaintiff, : CRIM. NO. 09-03534
vs.
CONSENT ORDER
GALITANO GJONI

Defendants.

This matter having been brought before the Court on the
motion of Adubato & Jaffe, Esqs. (Michele A. Adubato, Esq.
appearing) attorneys for the defendant, GALITANO GJONI, for
an Order modifying the Bail conditions in the above matter to
remove the obligations of electronic monitoring and the
United States Attorneys Office having consented to the
request (David Malagold, A.U.S.A. appearing): and the United
States Pretrial Services having consented to the request; and
the Court having considered the matter and for good cause

appearing;

Fz 20/2.
Ay, Sarva ,
IT IS ON THIS ¥ DAY OF DECEMBER? 2011


ORDERED that the bail conditions of defendant matter be

modified to remove the obligation of electronic monitoring.

HON. /JOSE LINARES,U.S.D.J.
C

ort

DAVID MALAGOLD,

Ypalelebe lib

MICHELE A. ADUBATO, ESQ.
Attorney for Defendant,
GALITANO GJONI
#### STONE & YOUNGBERG, LLC, Plaintiff-Appellant, v. KAY FAMILY REVOCABLE TRUST UAD 02-07-90 FBO LENORE BLEADON UNDER TRUST A, Defendant-Appellee.

No. 11-16684.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 3, 2012.

Filed Dec. 12, 2012.

Ben Suter, Cara L. Finan, Keesal Young & Logan, San Francisco, CA, for Plaintiff-Appellant.

Cary Lapidus, Law Offices of Cary S. Lapidus, San Francisco, CA, for Defendant-Appellee.

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

MEMORANDUM *

Plaintiff Stone & Youngberg, LLC, sued defendant Kay Family Revocable Trust UAD 02-07-90 FBO Lenore Bleadon Under Trust A under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, after Defendant received a favorable arbitration award. *670The district court denied Plaintiffs motion to vacate the award and granted Defendant’s motion to confirm it. Reviewing de novo, *Collins v. D.R. Horton, Inc.,*505 F.3d 874, 879 (9th Cir.2007), we affirm.

1. The arbitration panel did not exceed its powers within the meaning of 9 U.S.C. § 10(a)(4) because it did not manifestly disregard the law. *See Bosack v. Soward,*586 F.3d 1096, 1104 (9th Cir.2009). The arbitration panel may have accepted a theory of liability under California negligence law according to which Plaintiff was liable because of its allegedly inadequate due diligence. Notwithstanding the legal authorities it cited to the arbitration panel, Plaintiff has not demonstrated “that the arbitrators recognized the *applicable*law and then ignored it.” *Lagstein v. Certain Underwriters at Lloyd’s, London,*607 F.3d 634, 641 (9th Cir.), *cert. denied,*— U.S. -, 131 S.Ct. 832, 178 L.Ed.2d 558 (2010) (emphasis added) (internal quotation marks omitted); *see also Kyocera Corp. v. Prudential-Bache Trade Servs., Inc.,*341 F.3d 987, 994 (9th Cir.2003) (en banc) (“Neither erroneous legal conclusions nor unsubstantiated factual findings justify federal court review of an arbitral award under the statute.... ”).

2. We have no authority under the Arbitration Act to vacate or modify the arbitration award to prevent a potential double recovery by Defendant. 9 U.S.C. §§ 10-11. We express no opinion as to whether Plaintiff may pursue any other legal remedies it may have.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# cpsaat31
Exhibit 24(b)(9)(b)

                                 AMENDMENT NO. 7
                                       TO
                        ADMINISTRATIVE SERVICES AGREEMENT

The  Administrative  Services  Agreement  between  The AAL Mutual  Funds and AAL
Advisors Inc.  (n/k/a AAL Capital  Management  Corporation),  effective  July 1,
1990,  as amended,  is hereby  further  amended,  effective  January 8, 1997, as
follows:

         1 . Schedule B attached to the  Administrative  Services  Agreement  is
         amended to add The AAL High Yield Bond Fund.  Schedule B,  Effective as
         of January 8, 1997, is attached hereto.

         2. Pursuant to Section 2.1 of the  Administrative  Services  Agreement,
         the annual  rate of payment for The AAL High Yield Bond Fund will be at
         the annual rate of $_____ plus the actual costs of the pricing services
         from unaffiliated parties.

IN WITNESS WHEREOF the parties hereto have caused this Amendment to be signed by
the respective officers effective as of January 8, 1997.

ATTEST:                                THE AAL MUTUAL FUNDS



By____________________________         By_____________________________
    Robert G. Same, Secretary              H. Michael Spence, President


ATTEST:                                AAL CAPITAL MANAGEMENT
                                       CORPORATION



By____________________________         By______________________________
    Robert G. Same                         By H. Michael Spence, President


                                                      

<PAGE>



                                   SCHEDULE B
                           (Effective January 8, 1997)

                           The AAL Capital Growth Fund
                                The AAL Bond Fund
                           The AAL Municipal Bond Fund
                            The AAL Money Market Fund
          The AAL U.S. Government Zero Coupon Target Fund, Series 2001
          The AAL U.S. Government Zero Coupon Target Fund, Series 2006
      The AAL Mid Cap Stock Fund (f/k/a The AAL Smaller Company Stock Fund)
                             The AAL Utilities Fund
                           The AAL International Fund
                          The AAL Small Cap Stock Fund
                          The AAL High Yield Bond Fund
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 Ben Franklin Financial, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, C. Steven Sjogren, President and 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, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 15, 2008



|                                     
|-------------------------------------
|/s/ C. Steven Sjogren                
|C. Steven Sjogren                    
|President and Chief Executive Officer
EXHIBIT
32.1


CERTIFICATION
PURSUANT TO 18 USC, SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002








In
connection with the Quarterly Report of W2 Energy, Inc. (the “Company”) on Form
10-Q for the quarter ended March 31 ,2009, as filed with the Securities and
Exchange Commission on or about the date hereof (the “Report”), I, Michael
McLaren, President of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as
adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002,
that:





(1)           The
Report fully complies with the requirements of Sections 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





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








Dated:      June
      8, 2009
            /s/
      Michael McLarenBy:  Michael
      McLarenIts:  President








A signed
original of this written statement required by Section 906 has been provided to
W2 Energy, Inc. and will be retained by W2 Energy, Inc. and furnished to the
Securities and Exchange Commission or its staff upon
request.
Exhibit 32.1


CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report on Form 10-Q for the quarter ended March 31, 2014 of Santander Holdings USA, Inc. (the "Company") as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Román Blanco, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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 in material respects, the financial condition and results of operations of the Company.







/s/ Román BlancoName: Román BlancoTitle: President and Chief Executive Officer





May 15, 2014
AMENDMENT TO PROMISSORY NOTES


 


WHEREAS,
California Gold Corp., a Nevada corporation (the “Obligor”), issued those Promissory Notes (the “Notes”)
listed on the attached Schedule A to ____________ (the “Payee”); and


 


WHEREAS,
the Obligor and the Payee wish to amend the Notes to require their mandatory conversion, without interest, at
a conversion price of $0.025 per share (the “Conversion Price”) upon the initial closing of the private placement offering
(the “PPO”) in which the Obligor is currently engaged.


 


NOW, THEREFORE,
in consideration of the mutual promises set forth herein and for other valuable consideration
the receipt of which is hereby acknowledged, the Obligor and the Payee hereby agree that the unpaid principal balance
of the Notes shall be converted in full upon the initial closing of the PPO at the Conversion Price. Additionally, the Payee hereby
agrees to waive and forfeit any and all interest accrued and accruable on the Notes. All other terms and conditions of the Notes
remain unchanged.


 


IN WITNESS WHEREOF,
this Amendment has been duly executed by the Obligor and acknowledged by the Payee as of the __ day of October 2010.


 


	 	CALIFORNIA GOLD CORP.
	 	 	 
	 	By:	 
	 	Name:	James Davidson
	 	Title:	President, Treasurer, Chief Financial Officer and Director
	 	 	 
	 	 	 
	 	 	Payee:


 




    	 



    	 



    

 


Schedule 


 


Note: For the Exhibit listed in the first column below,
only the Form of Amendment to Promissory Note Agreement has been filed as an exhibit to the Registrant's Form S-1 registration
statement. This Schedule provides detail as to the actual Amendments signed by the persons indicated below and lists the material
details in which each such Agreement differs from the form of document filed.


 


	 	 	 	 	 	 	Notes Governed by the Amendment
	Exhibit No.	 	Name of Holder Who
 Executed
 Amendment	 	Date of
 Amendment
 Execution	 	Issue Date	 	Maturity
 Date	 	Amount of
 Note	 
	 	 	 	 	 	 	 	 	 	 	 	 
	10.11	 	Michael Baybak	 	10/13/2010	 	9/9/2009	 	9/9/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	12/10/2009	 	12/10/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	3/5/2010	 	3/5/2011	 	$	3,000	 
	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	James Davdison	 	10/13/2010	 	9/9/2009	 	9/9/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	12/10/2009	 	12/10/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	3/5/2010	 	3/5/2011	 	$	3,000	 
	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Barry Honig	 	10/13/2010	 	10/9/2009	 	10/9/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	12/10/2009	 	12/10/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	3/22/2010	 	3/22/2011	 	$	3,000	 
	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Gottbetter Capital Group, Inc.	 	10/13/2010	 	10/12/2009	 	10/12/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	12/10/2009	 	12/10/2010	 	$	2,500	 
	 	 	 	 	10/13/2010	 	3/23/2010	 	3/23/2011	 	$	2,500
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5238 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5238

 To direct the Attorney General and Secretary of Homeland Security to 
   conduct a pilot study under which the Secretary may issue public 
 warnings regarding threats to homeland security using an AMBER Alert 
                                system.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2004

 Mr. Shadegg introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To direct the Attorney General and Secretary of Homeland Security to 
   conduct a pilot study under which the Secretary may issue public 
 warnings regarding threats to homeland security using an AMBER Alert 
                                system.

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

SECTION 1. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL 
              AGE.

    (a) Pilot Study.--The Attorney General and Secretary of Homeland 
Security, from funds available for improving the national system to 
notify the general public in the event of a terrorist attack, and in 
consultation with the heads of other appropriate Federal agencies, the 
National Association of State Chief Information Officers, and other 
stakeholders with respect to public warning systems, shall conduct a 
pilot study under which the Secretary may issue public warnings 
regarding threats to homeland security using an AMBER Alert system.
    (b) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the findings, conclusions, and recommendations of the 
pilot study.
                                 <all>
```
Exhibit 32.1




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




In connection with the Annual Report of Debt Resolve, Inc. (the
Company) on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission (the Report),
I, David M. Rainey, President, Chief Financial Officer, Treasurer and Secretary, 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 results of operations of the Company.
|-- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



April 15, 2010


| |  |  |  | /s/ David M. Rainey                                        
| |  |  |  | -----------------------------------------------------------
| |  |  |  | David
M. Rainey                                            
| |  |  |  | President, Chief Financial Officer, Treasurer and Secretary

---
#### The People of the State of New York, Respondent, v Rafael DeJesus, Appellant.

[821 NYS2d 760]

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered on or about May 5, 2003, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders,*52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur— Andrias, J.E, Nardelli, Gonzalez, Sweeny and Catterson, JJ.
THE AAL MUTUAL FUNDS