alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CIRCUIT COURT OF THE CITY OF RICHMOND

#### Commonwealth of Virginia v. Willie Lee Stevens

December 30, 2002

Criminal Nos. CR93-F-4339, CR93-F-4340, CR93-F-4341

BY JUDGE WALTER W. STOUT, III

This action is before the Court on the Defendant’s *pro se*Motion to preserve biological evidence. The General Assembly has enacted a precursor step to the procedures for requesting a Writ of Actual Innocence, in the form of Va. Code § 19.2-270.4:1. This provision allows a person convicted of a felony to request that the court of conviction order the preservation of “specifically identified human biological evidence.” Va. Code § 19.2-270.4:1(A). The requirement that the evidence be particularly identified was added by amendment in 2002. *See*2002 Va. Acts, ch. 832. This change by the General Assembly from the former language of “any human biological evidence,” *Id.,*is a substantive change in the law and indicates an intent to heighten the pleading requirement of this Code section. Therefore, a blanket request for “all evidence” is no longer sufficient under the newly amended statute.

The Movant has presented just such blanket request for “all evidence.” Under the current version of this Code section, such a request is insufficient. For this reason, the instant Motion for Storage, Preservation, and Retention of Human Biological Evidence must be denied.

This conclusion is without prejudice to the Movant’s attempts to comply with the Statute. Under the Statute, the Motion must specifically identify the human biological evidence that is to be preserved. However, upon filing of an amended Motion, the Movant may request a hearing for the limited purpose of *433specifically identifying what human biological evidence exists in the case if he is unable to establish this evidence with specificify from the record of the case. *See*Va. Code § 19.2~270.4:1(A). Thus, the Movant has two potential avenues to comply with the pleading requirements of the Statute.

*Order*

Upon mature consideration of the Motion of Mr. Stevens for the preservation of human biological evidence, the authorities cited therein, and a review of the record in the case of Commonwealth v. Willie Lee Stevens, (CR93-F-4339; CR93-F-4340; CR93-F-4341), allofwhicharemadeapartof the record in this matter, the Court finds that the Petitioner is not entitled to the relief sought. The Court’s reasoning is contained in the letter opinion entered this same date in this matter, attached to this Order. Therefore, it is ordered that the Motion be, and hereby is, denied. The Petitioner’s objection and exception to this action are noted for the record.

The Clerk is directed to forward a certified copy of this Order to the Petitioner, to Mrs. Diane Abato, Esq., Assistant Commonwealth Attorney, and to the Office of the Attorney General.
**UNITED STATES SECURITIES AND EXCHANGE COMMISSION****Washington, D.C. 20549****FORM 10-Q/A****(Amendment No. 1)**(Mark One)   þ **QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934******For the quarterly period ended April 1, 2005******or**   o **TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934******For the transition period from                      to**                    ****Commission File Number: 1-12983****GENERAL CABLE CORPORATION**(Exact name of registrant as specified in its charter)   **Delaware** **06-1398235**   (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification No.) **4 Tesseneer Drive**  **Highland Heights, KY** **41076-9753**   (Address of principal executive offices) (Zip Code)       **(859) 572-8000**         (Registrant’s telephone number, including area code)         **Not Applicable**         (Former name, former address and former fiscal year, if changed since last report)  Indicate by check mark whether the registrant (1) has filed all reports required to be filed bySection 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or forsuch shorter period that the registrant was required to file such reports), and (2) has beensubject to such filing requirements for the past 90 days. Yes þ No oIndicate by check mark whether the registrant is an accelerated filer (as defined in Rule 12b-2 ofthe Exchange Act). Yes þ No oIndicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of theExchange Act). Yes o No þIndicate the number of shares outstanding of each of the issuer’s classes of common stock, as ofthe latest practicable date:   Class Outstanding at May 2, 2005   Common Stock, $0.01 par value 39,541,499  
 

 
**Explanatory Note**     General Cable Corporation (the “Company”) is filing this Amendment No. 1 (the “Form 10-Q/A”)to the quarterly report on Form 10-Q (the “Form 10-Q”) for the fiscal quarter ended April 1, 2005solely to revise Item 4 of Part I of the Form 10-Q. There were no other changes to the Form 10-Qincluded in this Form 10-Q/A other than the previously described changes to Item 4 of Part I andcertain changes correcting the format of the cover page of the Form 10-Q. The Company updated thesignature page and Exhibits 31.1 and 31.2 included in this Form 10-Q/A.
 

 
**GENERAL CABLE CORPORATION**
Borrowing Subsidiary Agreement



 Exhibit 10.3 
 EXECUTION COPY 
 BORROWING SUBSIDIARY AGREEMENT 

BORROWING SUBSIDIARY AGREEMENT dated as of December 27, 2011, among Vistaprint Limited, a Bermuda company (the
“Company”), Vistaprint USA, Incorporated, a Delaware corporation (the “New Borrowing Subsidiary”), and JPMorgan Chase Bank, N.A. as Administrative Agent (the “Administrative Agent”). 

Reference is hereby made to the Credit Agreement dated as of October 21, 2011 (as amended, supplemented or otherwise modified from
time to time, the “Credit Agreement”), among the Company, the Parent, the Subsidiary Borrowers from time to time party thereto, the Lenders from time to time party thereto and JPMorgan Chase Bank, N.A. as Administrative Agent.
Capitalized terms used herein but not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement. Under the Credit Agreement, the Lenders have agreed, upon the terms and subject to the conditions therein set
forth, to make Loans to certain Subsidiary Borrowers (collectively with the Company, the “Borrowers”), and the Company and the New Borrowing Subsidiary desire that the New Borrowing Subsidiary become a Subsidiary Borrower. In
addition, the New Borrowing Subsidiary hereby authorizes the Company to act on its behalf as and to the extent provided for in Article II of the Credit Agreement. 
 Each of the Company and the New Borrowing Subsidiary represents and warrants that the representations and warranties of the Company in the Credit Agreement relating to the New Borrowing Subsidiary and
this Agreement are true and correct in all material respects on and as of the date hereof, other than representations given as of a particular date, in which case they shall be true and correct in all material respects as of that date. The Company
agrees that the Guarantee of the Company contained in the Credit Agreement will apply to the Obligations of the New Borrowing Subsidiary in accordance with the terms and conditions of Article X of the Credit Agreement. Upon execution of this
Agreement by each of the Company, the New Borrowing Subsidiary and the Administrative Agent, the New Borrowing Subsidiary shall be a party to the Credit Agreement and shall constitute a “Subsidiary Borrower” for all purposes thereof, and
the New Borrowing Subsidiary hereby agrees to be bound by all provisions of the Credit Agreement. 
 This Agreement shall be
governed by and construed in accordance with the laws of the State of New York. 
 [Signature Pages Follow] 







 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by
their authorized officers as of the date first appearing above. 
  

			
	VISTAPRINT LIMITED, as the Company
		
	By:	 	 /s/ Dawn Antoine

	Name: Dawn Antoine
	Title: Secretary
	
	VISTAPRINT USA, INCORPORATED, as a Borrower
		
	By:	 	 /s/ Wendy Cebula

	Name: Wendy Cebula
	Title: Chief Operating Officer and Treasurer



  
 Borrowing
Subsidiary Agreement 








 
			
	JPMORGAN CHASE BANK, N.A.,
	as Administrative Agent
		
	By:	 	 /s/ Scott McNamara

	Name: Scott McNamara
	Title: Vice President



  
 Borrowing
Subsidiary Agreement
(logo) pwc

 

 

**Report of IndependentRegistered Public Accounting Firm**

 

To the Board of Directors, PNCFinancial Services Group, Inc.:

 

We have examinedmanagement’s assertion, included in the accompanying Report on Assessmentof Compliance with Regulation AB Servicing Criteria, that Midland LoanServices, a division of PNC Bank, National Association (“Midland”or the “Company”) complied with the servicing criteria set forth inItem 1122(d) of the Securities and Exchange Commission's Regulation AB for alltransactions serviced on the *Enterprise!* Loan Management System (the“Platform”), as of December 31, 2016 and for the year then ended,excluding criteria 1122(d)(1)(iii), 1122(d)(3)(i)(B), 1122(d)(3)(i)(C),1122(d)(3)(i)(D), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), and1122(d)(4)(xv), which the Company has determined are not applicable to theservicing activities performed by it with respect to the Platform. Managementis responsible for the Company's compliance with the servicing criteria. Ourresponsibility is to express an opinion on management's assertion based on ourexamination.

 

Our examination was conductedin accordance with attestation standards of the Public Company AccountingOversight Board (United States) and, accordingly, included examining, on a testbasis, evidence about the Company’s compliance with the applicableservicing criteria and performing such other procedures as we considerednecessary in the circumstances. Our examination included testing of selected asset-backedtransactions and securities that comprise the Platform, testing of selectedservicing activities related to the Platform, and determining whether theCompany processed those selected transactions and performed those selectedactivities in compliance with the applicable servicing criteria. Our procedureswere limited to the selected transactions and servicing activities performed bythe Company during the period covered by this report. Our procedures were notdesigned to detect noncompliance arising from errors that may have occurredprior to or subsequent to our tests that may have affected the balances oramounts calculated or reported by the Company during the period covered by thisreport. We believe that our examination provides a reasonable basis for ouropinion. Our examination does not provide a legal determination on theCompany’s compliance with the servicing criteria.

 

In our opinion,management’s assertion that Midland complied with the aforementioned applicableservicing criteria as of and for the year ended December 31, 2016 for thePlatform is fairly stated, in all material respects.

 

 

/s/ PricewaterhouseCoopers LLP

 

February 17, 2017

 

 

*PricewaterhouseCoopers LLP,1100 Walnut Street, Suite 1300, Kansas City, MO 64106*

*T: (816) 472 7921, F: (816)218 1890 www.pwc.com/us*

* *
EXHIBIT 32.2



CERTIFICATION OF
THE chief FINANCIAL
OFFICER 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 (the
"Report") of Digerati Technologies, Inc. (the "Company") on Form 10-Q for the period ending October 31, 2013,
as filed with the Securities and Exchange Commission on the date hereof, I, Antonio Estrada Jr., the Chief Financial 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,



| | 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 in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------





|By | /s/ Antonio Estrada Jr. | 
|-- | ----------------------- | 
|   | Antonio Estrada Jr.     | 
|   | Chief Financial Officer | 
|   | April 8, 2015           |
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

The undersigned hereby
certifies, for the purposes of section 1350 of chapter 63 of title 18 of the United States Code, in his capacity as Chief Executive Officer of SRI/Surgical Express, Inc. (SRI), that, to his knowledge, the Quarterly Report of SRI on Form
10-Q for the quarter ended March 31, 2011 (the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of SRI.



|                  |  |  |  |     |  |                        
|----------------- |  |  |  | --- |  | -----------------------
|                  |  |  | 
|Date: May 9, 2011 |  |  |  | By: |  | /S/    GERALD
WOODARD  
|                  |  |  |  |     |  | Gerald Woodard         
|                  |  |  |  |     |  | Chief Executive Officer
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JNC LAND C O., INC.,

Appellant,

v.

THE CITY OF EL PASO, TEXAS

,

Appellee

. §

§

§

§

§

§

§ No. 08

- 1 3

- 00 165

- C V

Appeal from the

205 th District Court

of El Paso C ounty, Texas

(TC# 2010

- 4955)

O R D E R

The Court GRANTS the Appell ee ’s third motion for extension of time within which to

file the brief until Ma rch 22 , 2014

. NO FURTHER MOTIONS FOR EXTENSION OF TIME

TO F ILE THE APPELL EE ’S BR IEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. David S. Jeans , Jr. , the Appell ee ’s attorney, prepare

the Appell ee ’s brief and forward the same to this Court on or before Ma rch 22 , 2014.

IT IS SO ORDERED this 26 th day of February , 20 1 4

.

PER CURIAM

Before McClure , C.J., Rivera and Rodriguez , JJ.
|                                                                                             |
|---------------------------------------------------------------------------------------------|
|                                                                                             |  |
| Name of Subsidiary                                                                          | Jurisdiction of    Incorporation |
| MIX TELEMATICS AFRICA PROPRIETARY LIMITED                                                   | Republic of South Africa |
| MIX TELEMATICS INTERNATIONAL PROPRIETARY LIMITED                                            | Republic of South Africa |
| MIX TELEMATICS EUROPE LIMITED                                                               | United Kingdom |
| MIX TELEMATICS NORTH AMERICA INCORPORATED                                                   | United States of America |
| MIX TELEMATICS AUSTRALASIA PROPRIETARY LIMITED                                              | Australia |
| MIX TELEMATICS EUROPE GMBH                                                                  | Germany |
| MIX TELEMATICS MIDDLE EAST FZE                                                              | United Arab Emirates |
| MIX TELEMATICS ENTERPRISE SA PROPRIETARY LIMITED                                            | Republic of South Africa |
| MIX TELEMATICS SERVIÇOS DE TELEMETRIA E RASTREAMENTO DEVEÍCULOS DO BRAZIL LIMITED | Brazil |
| MIX TELEMATICS FLEET SUPPORT SERVICES PROPRIETARY LIMITED                                   | Republic of South Africa |
| MIX TELEMATICS EAST AFRICA LIMITED                                                          | Uganda |
| MIX TELEMATICS TECHNOLOGY HOLDINGS PROPRIETARY LIMITED                                      | Republic of South Africa |
| MIX TELEMATICS INVESTMENTS PROPRIETARY LIMITED                                              | Republic of South Africa |
| MIX TELEMATICS ROMANIA SRL                                                                  | Romania |
<TABLE> <S> <C>


<ARTICLE>                                            9
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         19,840
<INT-BEARING-DEPOSITS>                         0
<FED-FUNDS-SOLD>                               28,535
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    348,726
<INVESTMENTS-CARRYING>                         0
<INVESTMENTS-MARKET>                           0
<LOANS>                                        355,683
<ALLOWANCE>                                    2,238
<TOTAL-ASSETS>                                 813,902
<DEPOSITS>                                     720,741
<SHORT-TERM>                                   0
<LIABILITIES-OTHER>                            20,280
<LONG-TERM>                                    280
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    6
<COMMON>                                       30
<OTHER-SE>                                     72,565
<TOTAL-LIABILITIES-AND-EQUITY>                 813,902
<INTEREST-LOAN>                                14,287
<INTEREST-INVEST>                              12,066
<INTEREST-OTHER>                               870
<INTEREST-TOTAL>                               27,223
<INTEREST-DEPOSIT>                             14,899
<INTEREST-EXPENSE>                             14,915
<INTEREST-INCOME-NET>                          12,308
<LOAN-LOSSES>                                  575
<SECURITIES-GAINS>                             94
<EXPENSE-OTHER>                                10,398
<INCOME-PRETAX>                                3,375
<INCOME-PRE-EXTRAORDINARY>                     3,375
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,042
<EPS-PRIMARY>                                  0.51
<EPS-DILUTED>                                  0.51
<YIELD-ACTUAL>                                 3.33
<LOANS-NON>                                    3,471
<LOANS-PAST>                                   0
<LOANS-TROUBLED>                               608
<LOANS-PROBLEM>                                2,916
<ALLOWANCE-OPEN>                               1,960
<CHARGE-OFFS>                                  469
<RECOVERIES>                                   172
<ALLOWANCE-CLOSE>                              2,238
<ALLOWANCE-DOMESTIC>                           0
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        2,238
        


</TABLE>
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

DANIEL D. HENDERSON,

Claimant-Appellant

v.

DENIS MCDONOUGH, SECRETARY OF 

VETERANS AFFAIRS,

Respondent-Appellee

______________________ 

2021-1916

______________________ 

Appeal from the United States Court of Appeals for 

Veterans Claims in No. 19-6463, Judge Scott Laurer.

______________________ 

JUDGMENT

______________________ 

KENNETH M. CARPENTER, Law Offices of Carpenter 

Chartered, Topeka, KS, argued for claimant-appellant. 

 KELLY A. KRYSTYNIAK, Commercial Litigation Branch, 

Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by BRIAN M. BOYNTON, CLAUDIA BURKE, PATRICIA M.

MCCARTHY; BRIAN D. GRIFFIN, JULIE HONAN, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC. 

Case: 21-1916 Document: 34 Page: 1 Filed: 05/06/2022
 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (PROST, TARANTO, and CHEN, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

May 6, 2022 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 21-1916 Document: 34 Page: 2 Filed: 05/06/2022
**Exhibit 31.1**RULE 13a-14(a)/15d-14(a) CERTIFICATION  I, Steven C. Futrell, certify that:1. I have reviewed this Quarterly Report on Form 10-Q for the fiscal quarter ended March 31,2007 of Croghan Bancshares, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report isbeing prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financial reporting.        Date: April 25, 2007 /s/  Steven C. Futrell   Steven C. Futrell, President and CEO   (Principal Executive Officer)   
17