alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2

 

	
       FIAT
    	
 
    	
 
    	
   CNH CAPITAL
    
	
INDUSTRIAL
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
STRATEGIC ACCOUNTS GROUP
    


 

Nicholas C. Mast

Director

Strategic Accounts

 

October 27, 2011

 

Titan Machinery, Inc.

644 E. Beaton Dr.

West Fargo, ND  58078

 

Attn:  Ted O. Christianson,

Vice President, Finance

via electronic mail

 

Re:  Wholesale Floor Plan Credit Facility

 

Dear Mr. Christianson:

 

Titan Machinery, Inc. (“Titan”) and CNH Capital America LLC (“CNH”) are parties to an Amended and Restated Wholesale Floor Plan Credit Facility and Security Agreement dated November 13, 2007, as amended from time to time, most recently amended in a letter dated September 30, 2011 (the “Agreement”).  This letter will confirm that the current total wholesale floor plan credit limit for Titan Machinery is $350,000,000.00.

 

Very truly yours,

 

CNH Capital America LLC

 

 

	
/s/ Nicholas Mast
    	
 
    
	
Nicholas Mast Director   Strategic Accounts
    	
 
    


 

Titan Machinery, Inc. agrees to the above described amendment to the Amended and Restated Wholesale Floor Plan Credit Facility and Security Agreement dated November 13, 2007, as amended.

 

Titan Machinery, Inc.

 

 

	
/s/ Ted O. Christianson
    	
 
    
	
Ted O. Christianson, VP Finance and Treasurer
    	
 
    


 

CNH Capital

233 Lake Avenue

Racine, WI 53403
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-14-00434- CV

Lorett a F aye Nipp, App ellant

v. Harrom Mason Nipp Sr., Appellee

F ROM TH E DISTRI CT COURT O F F AY ETTE COUNTY , 155 TH JUDICI AL DISTRICT NO. 201 4V-0 84, H ONO RAB LE JEF F R. STEINH AUSER, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N
L oretta Fa

y e Nipp filed a notice of appe al on J uly 3, 2014, challeng ing a protec tive order procur ed by Har

rom Mason Nipp Sr. The cler k’s rec ord was filed with this Court on Aug ust 12, 2014. Appellant’s brief was due in t h i s C o u rt on September 11, 2014. On September 24, 2014, afte r Appellant failed to timely file her brief, the Clerk o f t h i s C o urt sent Appellant’s counsel a letter advising him that Appellant’s brief was overdue and that if she did not file a brief o r o t h erw ise respond by October 6, 2014, her appea l would be subj ect to dismiss al for want of prosec ution. The October 6 deadline has passed, and Appellant has neither filed a brief nor responde d to the notice. Acc ording ly , we dismiss this appea l for want of prosec ution. See Tex. R. App. P. 38.8(a), 42.3( b)._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J . Woodfin J ones, Chief Just ice Be fore Chief J ustice Jones, J ustices Rose and Goodw in Dismissed for Want of Prosecution Filed: Oc tober 22, 2014

2
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42675-42676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19152]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2370-000]


GenOn Holdco 2, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204 
Authorization

    This is a supplemental notice in the above-referenced proceeding 
GenOn Holdco 2, LLC's application for market-based rate authority, with 
an accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is September 25, 2017.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor

[[Page 42676]]

must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for electronic review in the 
Commission's Public Reference Room in Washington, DC. There is an 
eSubscription link on the Web site that enables subscribers to receive 
email notification when a document is added to a subscribed docket(s). 
For assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#8ccac9decfc3e2e0e5e2e9dff9fcfce3fef8cceae9feefa2ebe3fa"><span class="__cf_email__" data-cfemail="6d2b283f2e2203010403083e181d1d021f192d0b081f0e430a021b">[email protected]</span></a> or call (866) 208-3676 (toll free). For TTY, 
call (202) 502-8659.

    Dated: September 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19152 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P


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</html>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-4240

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HERBERT LEWIS TURNER,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Harrisonburg. Samuel G. Wilson, District

Judge. (5:01-cr-30062-sgw)

Submitted: November 6, 2007 Decided: August 13, 2008

Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Remanded by unpublished per curiam opinion.

Craig W. Sampson, BARNES & DIEHL, PC, Chesterfield, Virginia, for

Appellant. Nancy Spodick Healey, Assistant United States Attorney,

Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
*The envelope in which the notice was mailed was postmarked

February 20, 2007. Under the “mailbox rule” of Houston v. Lack,

487 U.S. 266 (1988), a document is deemed filed by a prisoner when

it is delivered to prison officials for mailing.

- 2 -

PER CURIAM:

Herbert Lewis Turner seeks to appeal the district court’s

order revoking his supervised release and sentencing him to

eighteen months’ imprisonment. In criminal cases, the defendant

must file the notice of appeal within ten days after the entry of

judgment. Fed. R. App. P. 4(b)(1)(A). With or without a motion,

upon a showing of excusable neglect or good cause, the district

court may grant an extension of up to thirty days to file a notice

of appeal. Fed. R. App. P. 4(b)(4); United States v. Reyes, 759

F.2d 351, 353 (4th Cir. 1985).

The district court entered judgment on January 18, 2007.

Turner filed the notice of appeal on February 20, 2007,* after the

ten-day appeal period expired but within the thirty-day excusable

neglect period. Because the notice of appeal was filed within the

excusable neglect period, we remand the case to the district court

for the limited purpose of permitting the court to determine

whether Turner has shown excusable neglect or good cause warranting

an extension of the ten-day appeal period. The record, as

supplemented, will then be returned to this court for further

consideration.

REMANDED
III 

114TH CONGRESS 

1ST SESSION S. RES. 191 

Relative to the death of Joseph Robinette Biden, III. 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2015 

Mr. CARPER (for himself, Mr. COONS, Mr. MCCONNELL, Mr. REID, Mr. 

ALEXANDER, Ms. AYOTTE, Ms. BALDWIN, Mr. BARRASSO, Mr. BENNET, 

Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, Mr. BOOZMAN, Mrs. 

BOXER, Mr. BROWN, Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, Mr. 

CARDIN, Mr. CASEY, Mr. CASSIDY, Mr. COATS, Mr. COCHRAN, Ms. COLLINS, Mr. CORKER, Mr. CORNYN, Mr. COTTON, Mr. CRAPO, Mr. CRUZ, 

Mr. DAINES, Mr. DONNELLY, Mr. DURBIN, Mr. ENZI, Mrs. ERNST, Mrs. 

FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, Mr. FRANKEN, Mr. GARDNER, 

Mrs. GILLIBRAND, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. HEINRICH, Ms. HEITKAMP, Mr. HELLER, Ms. HIRONO, Mr. HOEVEN, Mr. 

INHOFE, Mr. ISAKSON, Mr. JOHNSON, Mr. KAINE, Mr. KING, Mr. KIRK, 

Ms. KLOBUCHAR, Mr. LANKFORD, Mr. LEAHY, Mr. LEE, Mr. MANCHIN, 

Mr. MARKEY, Mr. MCCAIN, Mrs. MCCASKILL, Mr. MENENDEZ, Mr. 

MERKLEY, Ms. MIKULSKI, Mr. MORAN, Ms. MURKOWSKI, Mr. MURPHY, 

Mrs. MURRAY, Mr. NELSON, Mr. PAUL, Mr. PERDUE, Mr. PETERS, Mr. 

PORTMAN, Mr. REED, Mr. RISCH, Mr. ROBERTS, Mr. ROUNDS, Mr. 

RUBIO, Mr. SANDERS, Mr. SASSE, Mr. SCHATZ, Mr. SCHUMER, Mr. 

SCOTT, Mr. SESSIONS, Mrs. SHAHEEN, Mr. SHELBY, Ms. STABENOW, 

Mr. SULLIVAN, Mr. TESTER, Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. 

UDALL, Mr. VITTER, Mr. WARNER, Ms. WARREN, Mr. WHITEHOUSE, 

Mr. WICKER, and Mr. WYDEN) submitted the following resolution; which 

was considered and agreed to 

RESOLUTION 

Relative to the death of Joseph Robinette Biden, III. 

Whereas Joseph Robinette ‘‘Beau’’ Biden, III, born in Wilmington, Delaware and a graduate of the University of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

SRES 191 ATS 

Pennsylvania and Syracuse University law school, served 

our country as an attorney in the Department of Justice 

for seven years, including assisting the nation of Kosovo 

in rebuilding their criminal justice system; 

Whereas Beau Biden served his beloved State of Delaware for 

eight years as Attorney General; 

Whereas Beau Biden joined the Army in 2003 at the age of 

34, rose to the rank of major in the Delaware Army National Guard’s Judge Advocate General Corps, deployed 

to Iraq in 2008 and received the Bronze Star for his 

service; 

Whereas Beau Biden leaves behind a beloved wife, Hallie, 

and two children, Natalie and Hunter; and 

Whereas Beau Biden was the eldest son of the former Senator from Delaware and current Vice President of the 

United States and President of the United States Senate, 

Joseph Robinette Biden, Jr.: Now, therefore, be it 

1 Resolved, That the Senate has heard with profound 

2 sorrow and deep regret the announcement of the untimely 

3 death of Joseph Robinette Biden, III. 

4 Resolved, That the Secretary of the Senate commu5 nicate this resolution to the House of Representatives and 

6 transmit an enrolled copy thereof to the family of the Vice 

7 President of the United States. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS
CIRCUIT COURT OF THE CITY OF ROANOKE

#### David A. Wallace v. Edward Dramberger et al.

April 18, 2002

Case No. CL99-426

By Judge Robert P. Doherty, Jr.

The Court has previously ruled in this case  that, although a tenant is not liable in tort to the landlord for the negligence of a subtenant, when the parties contract to not unreasonably use electrical appliances in such a way as to cause harm to the leased premises, proof of such an unreasonable act and resulting damage by the subtenant can be used, under the unique language of this lease and sublease, to impose liability on the tenant. If such liability were imposed, it would be under a breach of contract theory and not under a tort theory. Plaintiff landlord now asks for summary judgment based upon Defendant tenant’s answer to an interrogatory that the damage to the leased premises was caused by the negligent conduct of the subtenant. Defendant tenant objects, and the Court, for different reasons than those argued by tenant, denies the motion.

Plaintiff landlord’s opinion is that subtenant is liable to the landlord for damages sustained when subtenant unreasonably or negligently used the stove in the apartment in such a manner as to cause a fire which resulted in a massive loss to the building. Such an opinion by Plaintiff is not accepted by the Court as a verity but instead must stand the test of the proof of the facts alleged by the preponderance of the evidence. *Simmons*v. *Miller,*261 Va. 561, 579-80 (2001). Defendant tenant in his answer to the interrogatory in question does not admit his liability but instead states his opinion that he also *455believes that subtenant negligently caused damage to the landlord’s building. If both parties are correct in their opinions concerning the negligence of the subtenant, then that may well constitute proof of a breach of the lease by subtenant and thus a breach of the lease by the tenant, thereby causing both tenant and subtenant to be held liable to the landlord. However, the Court does not decide cases based solely upon the speculations of the parties.

The answer to the interrogatory in question is nothing more than the Defendant tenant’s opinion as to the negligence of another party. That answer contains no facts. It is yet to be seen as to whether Defendant subtenant was negligent. Those facts are still in controversy. Rule 3:18 of the Rules of the Supreme Court of Virginia state in pertinent part that “[s]ummary judgment shall not be entered if any material fact is genuinely in dispute.” See also *Day v.*Abernathy, 204 Va. 723, 728 (1963), and *Slone*v. *GMC, 249*Va. 520, 522 (1995). Accordingly, Plaintiffs motion for summary judgment is denied.
<PAGE>
                                                                    EXHIBIT 32.1


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

I, Charles R. Eitel, as Chief Executive Officer of Simmons Bedding Company (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 to my knowledge:

            (1) the Quarterly Report on Form 10-Q of the Company for the quarter
      ended March 27, 2004 (the "Report"), being filed with the U.S. Securities
      and Exchange Commission on the date hereof, 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: November 8, 2004              /s/ Charles R. Eitel
                                    ---------------------------------
                                    Name: Charles R. Eitel
                                    Title:   Chief Executive Officer

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

Certification of Chief Executive Officer and 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 Annual Report on
Form 10-K of Goldman Sachs BDC, Inc. (the Company) for the annual period ended December 31, 2015 as filed with the Securities and Exchange Commission on the date hereof (the Report), Brendan McGovern, as Chief Executive
Officer of the Company, and Jonathan Lamm, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his
knowledge:

1. The Report fully complies with the requirements of Section 13(a) 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: March 2, 2016



|                                                                      
|----------------------------------------------------------------------
|/s/ Brendan McGovern                                                  
|Brendan McGovern
Chief Executive Officer
(Principal Executive Officer)

Date: March 2, 2016



|                                                                   
|-------------------------------------------------------------------
|/s/ Jonathan Lamm                                                  
|Jonathan Lamm
Chief Financial Officer
(Principal Financial Officer)
Exhibit 32.1

CERTIFICATION PURSUANT TO RULE 13b – 14(b) OF THE SECURITIES
EXCHANGE ACT AND 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 Strayer Education, Inc. (the ‘‘Company’’) on Form 10-Q for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Robert S. Silberman, Chairman and 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.

/s/ Robert S. Silberman
Robert S. Silberman
Chairman and Chief Executive Officer

May 1, 2008

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF NOVEMBER 30, 1997 AND INCOME STATEMENT FOR THE NINE MONTHS ENDED
NOVEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM
10-Q FILING.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          FEB-28-1998
<PERIOD-START>                             MAR-01-1997
<PERIOD-END>                               NOV-30-1997
<CASH>                                       4,125,000
<SECURITIES>                                 5,128,000
<RECEIVABLES>                                8,704,000
<ALLOWANCES>                                   600,000
<INVENTORY>                                  2,052,000
<CURRENT-ASSETS>                            20,372,000
<PP&E>                                      14,199,249
<DEPRECIATION>                               7,995,143
<TOTAL-ASSETS>                              33,011,000
<CURRENT-LIABILITIES>                        6,210,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        39,000
<OTHER-SE>                                  26,762,000
<TOTAL-LIABILITY-AND-EQUITY>                33,011,000
<SALES>                                     16,480,000
<TOTAL-REVENUES>                            36,543,000
<CGS>                                       15,065,000
<TOTAL-COSTS>                                5,190,000
<OTHER-EXPENSES>                            13,076,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,647,000
<INCOME-TAX>                                 1,392,000
<INCOME-CONTINUING>                          2,255,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,255,000
<EPS-PRIMARY>                                     0.61
<EPS-DILUTED>                                     0.61
        

</TABLE>
Exhibit 32.2

      CERTIFICATION OF CORPORATE CONTROLLER AND PRINCIPAL FINANCIAL OFFICER
                         PURSUANT TO 18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  Quarterly Report of ATSI Communications, Inc. on Form
10-Q  for  the  period  ending  April 30, 2004, as filed with the Securities and
Exchange Commission on the date hereof, I, Antonio Estrada, Corporate Controller
and  Principal  Financial Officer of the Company, certify, pursuant to 18 U.S.C,
ss.  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,

1)   the Report 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 result of operations of the Company.

By /s/ Antonio Estrada
Antonio Estrada
Corporate Controller and
Principal Financial Officer
June 14, 2004


<PAGE>
II 

114TH CONGRESS 

1ST SESSION S. 837 

To modify the criteria used by the Corps of Engineers to dredge small 

ports. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2015 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To modify the criteria used by the Corps of Engineers to 

dredge small ports. 

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

3 SECTION 1. MODIFICATION OF CORPS OF ENGINEERS CRI4 TERIA TO DREDGE SMALL PORTS. 

5 (a) MINIMUM TONNAGE REQUIREMENT.—Notwith6 standing any other provision of law (including regula7 tions), effective beginning on the date of enactment of this 

8 Act, the tonnage requirement with respect to the consider9 ation of dredging of small ports by the Corps of Engineers 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 837 IS

1 shall be a minimum of 500,000 tons, as calculated in ac2 cordance with subsection (b). 

3 (b) CALCULATION.—For purposes of subsection (a) 

4 and any other activity of the Corps of Engineers carried 

5 out on or after the date of enactment of this Act, tonnage 

6 shall be calculated by each relevant port authority and 

7 submitted to the Corps of Engineers. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS