alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.61



 Exhibit 10.61 
 AMENDMENT TO PROMISSORY NOTE 
 This Amendment to Promissory Note (the
“Amendment”) is entered into as of December 1, 2011 by and between eDiets.com, Inc. (“Maker”) and Kevin N. McGrath (“Holder”). 
 WHEREAS, Maker executed and delivered to Holder that certain promissory note dated November 12, 2010 (the “Original Note”), payable to the order of Holder in the original principal amount
of Two Hundred Thousand and 00/100 Dollars ($200,000.00), which Original Note evidences a loan in such original principal amount made by Holder to Maker; and 
 WHEREAS, Maker and Holder wish to amend the Original Note to extend the maturity date thereunder, 
 NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Maker and Holder hereby agree as follows:

 15. All capitalized terms not otherwise defined herein shall have the respective meanings set forth in the Original Note.

 16. The entire outstanding principal balance of the Original Note, together with all accrued and unpaid interest and charges
thereon, shall be due and payable on December 31, 2012. 
 17. Except as otherwise provided in this Amendment, all terms
and provisions of the Original Note shall remain in full force and effect. 
 18. This Amendment shall be governed by and
construed in accordance with the laws of the State of Illinois. 
 19. This Amendment shall bind and inure to the benefit of the
parties hereto and to their respective successors and assigns. 
 20. This Amendment may not be changed orally. 

21. This Amendment may be executed in multiple counterparts, and may be delivered by facsimile or other form of electronic transmission.
Each counterpart, when so executed and delivered, shall be deemed an original, and all counterparts shall together constitute one and the same instrument. 
 [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 







 IN WITNESS WHEREOF, Maker and Holder have duly executed this Amendment as of the day and year first above
written. 
  

							
	HOLDER:	 		 	MAKER:
			
		 		 	EDIETS.COM, INC.
				
	 /s/ Kevin N. McGrath
	 		 	By:	 	 /s/ Thomas Hoyer

	KEVIN N. MCGRATH	 		 		 	Name: Thomas Hoyer
		 		 		 	Title: Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000887021
<NAME> LIGGETT GROUP INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             582
<SECURITIES>                                         0
<RECEIVABLES>                                   11,913
<ALLOWANCES>                                       529
<INVENTORY>                                     31,549
<CURRENT-ASSETS>                                45,225
<PP&E>                                          46,375
<DEPRECIATION>                                  29,702
<TOTAL-ASSETS>                                  66,322
<CURRENT-LIABILITIES>                          222,009
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (188,372)
<TOTAL-LIABILITY-AND-EQUITY>                    66,322
<SALES>                                        149,024
<TOTAL-REVENUES>                               149,024
<CGS>                                           59,270
<TOTAL-COSTS>                                   59,270
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,434
<INCOME-PRETAX>                                  1,547
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,547
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,547
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Bartenders

Mix and serve drinks to patrons, directly or through waitstaff.

Cognitive and mental requirements

The qualifications that workers need to use judgment, make decisions, interact 

with others, and adapt to changes in jobs.

In 2023, work was reviewed by a supervisor more than once per day for 54.0 

percent of bartenders, and once per day for 37.9 percent.

Table 1. Percentage of bartenders with cognitive and mental requirements, 2023

Requirement Yes No

Pace: Pause control 26.9 73.1

Interaction with general public >99.5 <0.5

Working around crowds 5.0 95.0

Telework <0.5 >99.5

Work review: Supervising others <0.5 >99.5

Work review: Presence of supervisor 71.0 29.0

Source: U.S. Bureau of Labor Statistics, Occupational Requirements Survey

Education, training, 

and experience 

requirements

The minimum level of 

formal education 

required, credentials 

necessary, on-the-job 

training, and prior 

work experience 

necessary for average 

performance in jobs.

In 2023, credentials 

were required for 51.2 

percent of bartenders. 

Prior work experience 

was required for 44.1 

percent and on-thejob training was 

required for 96.4 

percent.

No minimum education was required for 71.7 percent of bartenders.
Occupational Requirements Survey ●www.bls.gov/ors ●orsinfo@bls.gov ●202.691.6199

Environmental conditions

The various tangible or concrete hazards or 

difficulties that are in the vicinity of where 

jobs’ critical tasks are performed.

In 2023, 81.9 percent of bartenders were 

not exposed to extreme cold, and greater 

than 95 percent were not exposed to 

extreme heat. Wetness was not present for 

5.0 percent, greater than 99.5 percent were 

not exposed to heavy vibrations, and 69.1 

percent were not exposed to the outdoors.

Physical demands

Refer to the physical activities required 

to perform tasks in jobs. The presence 

and, in some cases, duration of these 

activities are published.

In 2023, reaching at or below the 

shoulder was required for greater than 

85 percent of bartenders and was not 

required for less than 15 percent. For 5.4 

percent of workers, reaching at or below 

the shoulder was seldom performed, for 

54.7 percent reaching at or below the 

shoulder occurred occasionally, 33.9 

percent frequently, and for less than 5 

percent reaching at or below the 

shoulder occurred constantly.

Performing work in low postures was required for 85.8 percent of bartenders and was not required for 14.2 percent.

On average, bartenders spent 1.6 percent of the workday sitting and 98.4 percent of the workday standing.

Table 2. Percentage of bartenders with physical demands, 2023

Requirement Yes No

Choice of sitting or standing <0.5 >99.5

Driving 0.7 99.3

Climbing structure-related ramps or stairs 18.2 81.8

Source: U.S. Bureau of Labor Statistics, Occupational Requirements Survey
Unassociated Document



Exhibit 10.6
















	
Glenn MacNeil


MacKov Investments Limited


1554 Jarvie Crescent


Milton, Ontario


Canada L9T 5Z3

	
March 28, 2011













	
Re:

	
Stock Reconciliation












Dear Glenn:







This letter will serve to confirm our understanding and agreement for the issuance of additional shares of Hewitt Petroleum, Inc. (“HPI”) to you as follows:







WHEREAS, you have purchased HPI common stock from Douglas C. Hewitt individually for a total of $121,550, and you have purchased HPI common stock from HPI directly for a total of $663,892.51 (an aggregate investment equal to  $785,442.51 in cash) for which you have been issued 3,945,250 shares; and







WHEREAS, there was an agreement and understanding between us that if HPI sold any stock for a price less than you had previously paid, that you could elect to have your total stock investment be re-priced on a one-time basis, and additional shares issued to reflect such lower stock price; and







WHEREAS, as of the date of this agreement HPI is selling its stock at $0.10 per share.







NOW THEREFORE, in consideration of the above recitals, in order to reconcile the total investment set forth above with such lower price on a one-time basis, the parties hereby agree to the  make the following transfer and issuance of an aggregate of 3,909,150 HPI shares, respectively:







1.  Douglas C. Hewitt shall transfer to you 672,500 shares of HPI common stock; and







2.  HPI shall issue to you an additional 3,236,650 shares of common stock.








	  	
HEWITT PETROLEUM, INC.


	  	  
	  	
By:

	/s/ Douglas C. Hewitt
	  	  	
Douglas C. Hewitt, President


	  	  
	  	/s/ Douglas C. Hewitt
	  	
Douglas C. Hewitt, Individually












ACCEPTED & AGREED:


MacKov Investments Limited








	
By:

	/s/ Glenn MacNeil	  	
Dated: March 28, 2011


	  	
Glenn MacNeil

	
  

	  










15 W. SOUTH TEMPLE, SUITE 1050, SALT LAKE CITY, UTAH 84101 • OFFICE 801.519.8500
ex_10-2.htm















10172 Linn Station Road


Louisville, KY 40223







 




	 	December 22, 2011





 









To the Audit Committee of the Board of Directors of NTS Mortgage Income Fund (the “Audit Committee”):


 


NTS Development Company and Residential Management Company (collectively referred to herein as “NTS”) agree to defer amounts owed to them by the NTS Mortgage Income Fund or its subsidiaries (the “Fund”) as of December 10, 2011, and to permit any such amounts to accrue from the date of this agreement through April 30, 2012, other than as permitted by cash flows of the Fund.  As of December 10, 2011, the Fund owed $7,955,909.54 to NTS and their affiliates.


 


NTS further agrees to advance to the Fund such monies as are reasonably necessary to cover any shortfalls for expenses incurred between December 31, 2011 and April 30, 2012, and for those expenses provided for in the Fund’s 2011-2012 Budget as approved by the Fund’s Board of Directors through December 31, 2011.  Unless NTS otherwise agrees, any such advances shall exclude any principal repayments on the mortgage note owed by the Fund to PNC Bank, National Association.


 


The terms of any deferrals or advances from NTS will be presented to the Audit Committee for prior approval and may be documented through a promissory note or notes from the Fund to NTS or their affiliates which shall mature on April 30, 2012.  Any amounts so deferred or advanced by NTS shall accrue interest at the same rate as the NTS cost of funds rate which is currently 5.34%.


 


NTS has the financial ability to allow such deferrals and advances and will provide evidence of such upon reasonable request of the Audit Committee.


 


 



	 	


/s/ J.D. Nichols              




J.D. Nichols


Chairman of NTS Development Company


and Residential Management Company


	 	 
	 	

/s/ Brian F. Lavin            


Brian F. Lavin


President of NTS Development Company


and Residential Management Company
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 19-0608

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

BARAK JAMES MCGHEE,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Katherine M. Bidegaray, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 7 2021

04/07/2021

Case Number: DA 19-0608
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-2345
NORMAN E. LEHNHARDT, Plaintiff - Appellant, versus J. R. STARKEY, in his individual capacity; RICHARD MARSH, in his individual capacity; C. R. MOBLEY, in his individual capacity; GAIL J. ROBERSON, in her individual capacity, Defendants - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CA-94-453-2) Submitted: January 11, 1996 Decided: February 1, 1996 Before RUSSELL, HALL, and WILKINSON, Circuit Judges. Affirmed by unpublished per curiam opinion. Norman E. Lehnhardt, Appellant Pro Se. Gary R. Allen, Charles Edward Brookhart, Richard Farber, Thomas Vincent Linguanti, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order dismissing his complaint for failure to state a claim upon which relief can be granted and for lack of sub ject matter jurisdiction. We have reviewed the record and the district court's opinion adopting the recommendation of the magistrate j udge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Lehnhardt v. Starkey , No. CA-94-453-2 (M.D.N.C. Apr. 27, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6724

KENNY A. CARTER, Petitioner - Appellant, versus JOHN ASHCROFT, Attorney General; ELIOT SPITZER, Respondents - Appellees. Appeal from the United States DistrictCourt for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (CA-04-178-GEC) Submitted: October 29, 2004 Decided: November 23, 2004 Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Kenny A. Carter, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Kenny A. Carter appeals from the district court’s orders dismissing without prejudice his petition filed under 28 U.S.C. § 2241 (2000) and denying his motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s dismissal of Carter’s petition. Because, however, the district court’s dismissal was without prejudice, Carter may refile his petition in the place of his incarceration. We deny Carter’s motion to seal his records. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 10.2


          FORM
OF 3.84% SERIES D SENIOR GUARANTEED NOTES DUE DECEMBER 1, 2021


THIS NOTE HAS
NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE
“SECURITIES ACT”) OR ANY APPLICABLE SECURITIES LAWS OF THE STATES OF THE UNITED
STATES, AND MAY NOT BE SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH
REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM.


          FORM
OF 4.24% SERIES E SENIOR GUARANTEED NOTES DUE DECEMBER 1, 2026


THIS NOTE HAS
NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE
“SECURITIES ACT”) OR ANY APPLICABLE SECURITIES LAWS OF THE STATES OF THE UNITED
STATES, AND MAY NOT BE SOLD OR OTHERWISE TRANSFERRED IN THE ABSENCE OF SUCH
REGISTRATION OR AN APPLICABLE EXEMPTION THEREFROM.
** **

**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 Annual Report of Allied Corp. (the “Company”) on Form 10-K for the transition period for the fiscal year ended August 31, 2020 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Calum Hughes, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 |

 

December 15, 2020

 

| */s/ Calum Hughes*            |   |
|-------------------------------|--------|
| Calum Hughes                  |   |
| Chief Executive Officer       |   |
| (Principal Executive Officer) |   |

 

|   |
|--------|
|        |
Exhibit 35.3

[Cenlar Logo]

SERVICER
COMPLIANCE STATEMENT (ITEM 1123)

Cenlar FSB

The undersigned, a duly authorized officer of Cenlar FSB, as servicer (the Servicer) pursuant to the applicable servicing agreements governing the
securities listed on Exhibit A, does hereby certify that:

1. A review of the Servicers activities during the period 1/1/13 to 12/31/13 (the
Reporting Period) and of the Servicers performance under the applicable servicing agreement has been made under my supervision.

2. To
the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the applicable servicing agreement in all material respects throughout the Reporting Period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th day of February 2014.



|    |  |                             
|--- |  | ----------------------------
|By: |  | /s/ Michael Blair           
|    |  | Name: Michael Blair         
|    |  | Title: Senior Vice President



---

Exhibit A

Securities Covered in Cenlar FSBs REG AB Attestation: CitiMortage, Inc.



|         |  |                     |  |              |  |                                   
|-------- |  | ------------------- |  | ------------ |  | ----------------------------------
|Investor |  | Servicer            |  | Security     |  | * Period
Subserviced by Cenlar
FSB
|RW8      |  | Redwood Trust, Inc. |  | SEMT 2013-8  |  | 6/12 to 12/31/13                  
|RX0      |  | Redwood Trust, Inc. |  | SEMT 2013-9  |  | 7/1 to 12/31/13                   
|RX1/T11  |  | Redwood Trust, Inc. |  | SEMT 2013-10 |  | 8/21 to 12/31/13                  
|RX2/R11  |  | Redwood Trust, Inc. |  | SEMT 2013-11 |  | 8/27 to 12/31/13                  
|RX3      |  | Redwood Trust, Inc. |  | SEMT 2013-12 |  | 11/18 to 12/31/13
III 

114TH CONGRESS 

1ST SESSION S. RES. 206 

Congratulating the Golden State Warriors for winning the 2015 National 

Basketball Association Championship. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2015 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Congratulating the Golden State Warriors for winning the 

2015 National Basketball Association Championship. 

Whereas, on June 16, 2015, the Golden State Warriors won 

their second National Basketball Association (referred to 

in this preamble as the ‘‘NBA’’) Championship as a California team by defeating the Cleveland Cavaliers with a 

score of 105-97 in the sixth game of the NBA Finals; 

Whereas during the 2015 NBA playoffs, the Warriors defeated the New Orleans Pelicans, the Memphis Grizzlies, 

the Houston Rockets, and the Cleveland Cavaliers en 

route to the NBA Championship; 

Whereas during the playoffs, the Golden State Warriors twice 

overcame 2-1 series deficits and, in both series, responded with 3 straight victories to win the series; 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•SRES 206 ATS 

Whereas in the regular season, the Warriors won a leaguebest 67 games; 

Whereas all 15 players on the 2014-2015 Warriors roster 

should be congratulated, including NBA Finals MVP 

Andre Iguodala, the NBA regular season MVP Stephen 

Curry, as well as, Leandro Barbosa, Harrison Barnes, 

Andrew Bogut, Festus Ezeli, Draymond Green, Justin 

Holiday, Ognjen Kuzmic, David Lee, Shaun Livingston, 

James Michael McAdoo, Brandon Rush, Marreesse 

Speights, and Klay Thompson; 

Whereas first-year coach, Steve Kerr, did a tremendous job 

leading the Warriors to the NBA Title and, through his 

coaching, built a team that is the best in the NBA; and 

Whereas the fans of the Warriors have been ever-loyal in 

their support of the team, waiting 40 years for their second NBA title, but can now again call their team a 

champion: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) congratulates the Golden State Warriors for 

3 winning the 2015 National Basketball Association 

4 Championship because of their selfless teamwork; 

5 (2) recognizes the achievements of all the play6 ers, coaches, and staff who contributed to the 2014- 

7 2015 season; and 

8 (3) celebrates the unique contributions of the 

9 Warriors fan base, who, through its unremitting and 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•SRES 206 ATS 

1 vocal support of the Warriors came to be known as 

2 ‘‘Dub Nation’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
### FROM THE DESK OF VEARNEAS W. FAGGETT, CSR

OFFICIAL COURT REPORTER

CRIMINAL DISTRICT COURT NO. 7 DALLAS COUNTY, TEXAS 75207

972-739-3906

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

August 10, 2015

Ms. Clara Saavedra The Fifth District Court of Appeals George Allen, Sr. Courts Building 600 Commerce Street, 2 nd Floor Dallas, Texas 75202-3400

RE: HERSHELL STEWART VS THE STATE OF TEXAS
COA NO. 05-15-00352-CR - TRIAL COURT NO. F12-575 47-Y

Dear Ms. Saavedra:

I, Vearneas W. Faggett, would like to request a 30 -day extension from the Fifth District Court of Appeals in the above-stated cause. I am the Official Court Reporter in Criminal District Court No. 7 of Dallas County, Texas. I reported th e stenographic notes of the proceedings in the
aforementioned cause of action. I would have been done by August 10, 2015 were it n ot for unforeseen software issues that came up and, as a result, I have not been able to work on transcripts as diligently as I would like and also with the daily commitments of trying to locate evidence and different things from the tenure of the last reporter, as well as other t ranscript commitments that were due prior to this one, I have been unable to finish the Reporter’s Re cord in this case. As a result of everything that has been going on, I ’m asking prayerfully for 30 days extension or until September 11, 2015 to complete t his transcript. Your consideration in this matter is deeply appreci ated. This is my first request for an
extension on this record.

Respectfully submitted, /S/VEARNEAS W. FAGGETT, CSR 3129