alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unassociated Document


EXHIBIT 10.1




AMENDMENT NO. 1 TO


PROMISSORY NOTE AND BUSINESS LOAN AGREEMENT


 



	  	  	  	  
	
BORROWER:

	
CarePayment Technologies, Inc.


5300 Meadows Road, Suite 400


Lake Oswego, OR 97035


Telephone: (503) 419-3530

	
LENDER:

	
Aequitas Commercial Finance, LLC 5300 Meadows Road, Suite 400


Lake Oswego, OR  97035


Telephone: (503) 419-3500


	  	  	  	  










Principal Amount (As Amended):  $4,500,000







Date of Note and Loan Agreement:  September 29, 2011      Date of Amendment:  December 29, 2011







CarePayment Technologies, Inc. (“Borrower”) and Aequitas Commercial Finance, LLC (“Lender”) hereby agree to execute this Amendment No. 1 (this "Amendment") dated effective December 29, 2011 (the “Effective Date”) to that certain Promissory Note dated September 29, 2011 (the "Note") and that certain Business Loan Agreement dated September 29, 2011 (the “Loan Agreement”) (collectively, the “Loan”). As of the Effective Date, the maximum principal balance of the Loan was $3,000,000 and the current balance as drawn was $2,331,000.







1.      DEFINITIONS.  All capitalized terms not specifically defined in this Amendment shall have the meanings ascribed to them in the Loan Agreement.







2.      PRINCIPAL AMOUNT.  Section 1 of the Note is hereby amended in its entirety to read as follows:







"PROMISE TO PAY.   CarePayment Technologies, Inc., an Oregon corporation (“Borrower”), promises to pay to the order of Aequitas Commercial Finance, LLC, an Oregon limited liability company (“Lender”), in lawful money of the United States of America, the principal amount of up to Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00), or so much thereof as has been borrowed and is outstanding, together with interest on the unpaid principal balance from the date of disbursement until paid in full.  Borrower will pay Lender at Lender’s address shown above or at such other place as Lender may designate in writing."







3.      LOAN AGREEMENT.  All references in the Loan Agreement to the maximum principal balance of $3,000,000 are hereby changed to read as the maximum principal balance of $4,500,000.







4.      NO OTHER CHANGES.  All other terms and conditions of the Loan not specifically amended by this Amendment shall remain unchanged and full force and effect.







IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.


 




	
BORROWER:


 


CAREPAYMENT TECHNOLOGIES, INC.

	 	
LENDER:


 


AEQUITAS COMMERCIAL FINANCE, LLC


By: Aequitas Capital Management, Inc., its Manager

	 
	 	 	 	 	 	 
	By:	
/s/ Patricia J. Brown

	 	By:	
/s/ Robert J. Jesenik

	 
	
Name:

	
Patricia J. Brown 

	 	Name:	
Robert J. Jesenik

	 
	Title:	
CFO

	 	Title:	
President and CEO
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
this Amendment No. 1 to the Annual Report of HQ Sustainable Maritime Industries, Inc; (the Company) on Form 10K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Norbert Sporns, 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:

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

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: June 9, 2009



|                       
|-----------------------
|/s/ Norbert Sporns     
|Norbert Sporns         
|Chief Executive Officer
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 20

- 00046

- CV

CERPANGHA COMMERCIAL GROUP, INC. , Appellant
V. BANCORPSOUTH BANK , Appellee

On Appeal from the 5th District Court Bowie County, Texas Trial Court No. 18

- C

- 0316

- 005

Per Curiam2 

### O R D E R
The Court has been notified that Cerpangha Commercial Group, Inc. , the appellant in this
matter, filed a voluntary petition for bankruptcy on or about September 18 , 20 20 , in the United States Bankruptcy Court for the Wes tern District of Arkansas under cause number 4:20

- bk

72024 . Pursuan t to the Bankruptcy Code, further action in this appeal is automatically stayed,

see 11 U.S.C. A. § 362 (West, Westlaw current through P.L. 11 6

- 158 ), and under Rule 8.2 of the Texas Rules o f Appellate Procedure, the appeal is suspended, see T EX
. R. A PP
. P. 8.2. Accordingly, this appeal is hereby abated and, for administrative purposes, will be treated as closed. Any party may reinstate the appe al by prom ptly filing a motion to reinstate in cluding, as an attachment, either a certified copy of an order showi ng that the automatic bankruptcy stay has been lifted or any other authenticated document demonstrating that reinstatement is permitted by fed eral law a nd/or the United States Bankruptcy C ourt for the Western District of Arkansas

. See T EX
. R. A PP
. P. 8.3( a). Any party may also move to sever the appeal in accordance with the provisions of Rule 8.3(b) of the Texas Rules of Appellate Procedure. See
T EX
. R

. A PP
. P. 8.3(b). In the event of r einstatement, any period that began to run but had not expired at th e time of suspension will begin anew when the appeal is reinstated. Any document filed while the proceeding is suspended will be deemed filed on the sa me day, but after, the Court reinsta tes the appeal. T EX
. R. A PP
. P. 8.2, 8.3. In accordance with Rule 8.2 of the Texas Rules of Appellate Procedure, we suspend this appeal by abating it. See T EX
. R. A PP
. P. 8.2.3

IT IS SO ORDERED.

BY THE COU RT

Date: September 2 5 , 20 20
EXHIBIT 31.2





ICONIX BRAND GROUP, INC.


CERTIFICATION PURSUANT TO RULE 13A-14 OR 15D-14 OF


THE SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT TO


SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002





I, Warren Clamen, certify that:





1           I have reviewed this Annual Report on Form 10-K/A for the period ended December 31, 2010 of Iconix Brand Group, Inc.;





2.           Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.





Date: April 29, 2011





/s/ Warren ClamenWarren ClamenExecutive Vice President and Chief Financial Officer
Exhibit 21.1

Subsidiaries of Western Gas Resources, Inc.

|Name of Subsidiary |  | Relationship                                                                   
|------------------ |  | -------------------------------------------------------------------------------
|1)                 |  | MIGC, Inc., a Delaware corporation                                             
|2)                 |  | MGTC, Inc., a Wyoming corporation                                              
|3)                 |  | Western Gas ResourcesTexas, Inc., a Texas corporation                         
|4)                 |  | Mountain Gas Resources, Inc., a Delaware corporation                           
|5)                 |  | Western Power Services, Inc., a Delaware corporation                           
|6)                 |  | WGR Canada, Inc., a New Brunswick corporation                                  
|7)                 |  | Lance Oil & Gas Company, Inc., a Delaware corporation                          
|8)                 |  | Mountain Gas Transportation, Inc., a Delaware corporation                      
|9)                 |  | Western Gas Wyoming, L.L.C., a Wyoming L.L.C.                                  
|10)                |  | Western Gas ResourcesWestana, Inc., a Delaware corporation                    
|11)                |  | Western Gas ResourcesSand Wash, Inc., a Colorado corporation                  
|12)                |  | Rising Star Pipeline Corporation, a Delaware corporation                       
|13)                |  | Setting Sun Pipeline Corporation, a Delaware corporation                       
|14)                |  | Western Gas Resources Canada Company, a Nova Scotia unlimited liability company

---



QuickLinks
Exhibit 32





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 American Capital Senior Floating, Ltd. (the “Company”), for the fiscal year ended December 31, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Malon Wilkus as Chief Executive Officer of the Company, and John R. Erickson, 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, to the best of his knowledge, respectively, that:





|   |                                                                                                             
|-- | ------------------------------------------------------------------------------------------------------------
|1. | The Report fully complies with the requirements of Section 13(a) 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/ Malon WilkusName:Malon WilkusTitle:Chair of the Board and Chief Executive Officer (Principal Executive Officer)Date:March 26, 2015/s/ John R. EricksonName:John R. EricksonTitle:Executive Vice President and Chief Financial Officer (Principal Financial Officer)Date:March 26, 2015





The certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### AUDIOVOX CORPORATION, Appellant, v. The UNITED STATES, Appellee.

Appeal No. 85-836.

United States Court of Appeals, Federal Circuit.

June 14, 1985.

Steven P. Florsheim, Mandel & Grunfeld, New York City, for appellant. With him on the brief was Robert B. Silverman.

Susan Handler-Menahem, Commercial Litigation Branch, Dept, of Justice, New York City, for appellee. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Washington, D.C., and Joseph I. Liebman, *849Atty. in Charge, Intern. Trade Field Office, New York City.

Before FRIEDMAN, RICH and BENNETT, Circuit Judges.

BENNETT, Circuit Judge.

This is an appeal from the decision of the United States Court of International Trade (DiCarlo, J.), dismissing for lack of jurisdiction the suit of Audiovox Corporation seeking review of the denial by the United States Customs Service of its protest against the reliquidation of entries of FM radio converters at 6 percent ad valorem under item 685.29 of the Tariff Schedule of the United States.

The protest requested that the entries be accorded treatment under the Generalized System of Preferences (GSP), 19 U.S.C. §§ 2461-2465 (1982), and accordingly liquidated duty free under the same classification. The court found that an earlier protest against liquidation, which had succeeded in obtaining reliquidation at a reduction of the tariff rate, had nevertheless failed to request GSP duty-free treatment. Thus, such treatment had not been sought in a timely manner, and the protest against reli-quidation, in contravention of 19 U.S.C. § 1514(d) (1982), raised a “question not involved in such reliquidation,” removing the suit from the subject-matter jurisdiction of the Court of International Trade delineated in 28 U.S.C. § 1581 (1982).

Upon our review of the submissions and arguments of the parties, we affirm the dismissal below on the basis of the opinion of Judge DiCarlo. 598 F.Supp. 387 (1984).

AFFIRMED.
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 Charles & Colvard, Ltd.
(the Company) on Form 10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert S. Thomas, President 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. Thomas                 
|Robert S. Thomas                     
|President and Chief Executive Officer
|May 12, 2005
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL W. JOHNSON,

Plaintiff

- Appellant,

v.

JOE A. LIZARRAGA, Warden, The Warden; CHARLOTTE REYNOLS, The Superintendent II Cal PIA; C. SMITH, MD FACP Chief Physician/Surgeon; SAM WONG, Doctor; CRAIG VERNON,

Defendants

- Appellees. No. 22

- 15604

D.C. No. 2:18

- cv

- 03101

- JAM

- JDP

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California John A. Mendez, District Judge, Presiding

Submitted June 26, 2023 * *

Before: C ANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.

California state prisoner Michael W

. Johnson appeals pro se from the district

court’s summary judgme nt in his 42 U.S.C. § 1983 action alleging deliberate

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 10 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 22

- 15604

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo, Hamby v. Hammond , 821 F.3d 1085, 1092 (9th Cir.

2016), and we affirm.

The district court pro perly granted summary judgment because Johnson

failed to raise a genuine dispute of material fact as to whether defendants were

deliberately indifferent to his request to leave work midday to obtain medication

for his ulcerative colitis. See Farmer v. Bre nnan , 511 U.S. 825, 837 (1994)

(“[T]he official must both be aware of facts from which the inference could be

drawn that a substantial risk of serious harm exists, and he must also draw the

inference.”); Toguchi v. Chung , 391 F.3d 1051, 1057

- 60 (9th Cir. 2 004) (a prison

official is deliberately indifferent only if he or she knows of and disregards an

excessive risk to inmate health; medical malpractice, negligence, or a difference of

opinion concerning the course of treatment does not amount to deliberate

i ndifference).

Johnson’s motion for an order of default (Docket Entry No. 12) is denied.

AFFIRMED.
<PAGE>

                                                                    EXHIBIT 32.2

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

In connection with the Quarterly Report of Caliper Technologies Corp. (the
"Company") on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
L. Knighton, 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, that:

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

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

August 14, 2003

                             /s/ JAMES L. KNIGHTON
                             ---------------------------------------------------
                             James L. Knighton
                             Chief Operating Officer and Chief Financial Officer
Exhibit 24





POWER OF ATTORNEY








KNOW ALL MEN BY THESE PRESENTS, that the undersigned directors and officers of American Capital Senior Floating, Ltd., a corporation organized under the laws of the state of Maryland (the “Corporation”), hereby constitute and appoint John R. Erickson,  Samuel A. Flax and Cydonii V. Fairfax and each of them (with full power to each of them to act alone), his/her true and lawful attorneys-in-fact and agents for him/her and on his/her behalf and in his/her name, place and stead, in all cases with full power of substitution and resubstitution, in any hand and all capacities, to sign, execute and affix his/her seal to and file with the Securities and Exchange Commission (or any other governmental or regulatory authority) the Corporation's Annual Report on Form 10-K for the year ended December 31, 2015 , and all amendments or supplements thereto with all exhibits and any and all documents required to be filed with respect thereto, and grants to each of them full power and authority to do and to perform each and every act and thing requisite and necessary to be done in and about the premises in order to effectuate the same as fully and to all intents and purposes as he/she might or could do if personally present, hereby ratifying and confirming all that said attorneys-in-fact and agents, or any of them, may lawfully do or cause to be done by virtue hereof.





IN WITNESS WHEREOF, each of the undersigned directors and/or officers has hereunto set his/her hand and seal, as of the date specified.





AMERICAN CAPITAL SENIOR FLOATING, LTD.Date:  January 29, 2016By:  /s/ Malon WilkusMalon WilkusChair and Chief Executive Officer





SignatureTitleDate/s/ Malon WilkusDirector, Chair and Chief Executive Officer(Principal Executive Officer)January 29, 2016Malon Wilkus/s/ John R. EricksonExecutive Vice President and Chief Financial Officer(Principal Financial and Accounting Officer)January 29, 2016John R. Erickson/s/ Phyllis R. CaldwellDirectorJanuary 29, 2016Phyllis R. Caldwell/s/ Gil CrawfordDirectorJanuary 29, 2016Gil Crawford/s/ Larry K. HarveyDirectorJanuary 29, 2016Larry K. Harvey/s/ Stan LundineDirectorJanuary 29, 2016Stan Lundine
##### 



Exhibit 10.2
 Seventeenth Amendment to the  Sterling Chemicals, Inc.  Amended and Restated Salaried Employees Pension Plan
 Whereas Corporation Existing
Plan
 Whereas
 Whereas Amendment
 Now, Therefore
 Amendment of Section 9.7 of the Existing Plan
  Basis of Amendment
 Effect of Amendments
 Binding Effect




---



##### 



Severability
 Governing Law To The Extent Not Superseded By The Laws Of The United
States, This Amendment Shall Be Construed and Enforced in Accordance With, and
the Rights of the Parties Shall Be Governed By, the Internal Laws of the State of Texas, Without
Reference to Principles of Conflicts of Law.
 In Witness Whereof
 Sterling Chemicals, Inc./s/ Richard K. CrumpRichard K. Crump, President and ChiefExecutive Officer
 -2-
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT JIAYOU SUN,

Pe t i tione r,
v. W ILLIAM P. B ARR , Attorne y Ge ne ra l, R e sponde nt. No. 14-73519 Age n c y No. A087-604-898
M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d August 4, 2020 ** San Fran c isc o , C a lifornia B e fore : THOM AS, C hie f Judge , a nd HAW K INS and M c KEOW N, C irc u it Judge s. Jia y ou Sun, a

c itiz e n of C hina , pe titions for re vie w of the B oa rd of Im m i gration Appe a l s ’ (“ B IA” ) orde r a ffirm ing a n im m igration judge ’ s (“ IJ” ) de c ision de ny ing his a

pplic ation for a sy l um , withholding or re m ova l, a n d 

# FIL ED AUG 10 2020 M OLLY C. DW Y E R, CLERK U. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).prote c tion unde r the C onve ntion Against Torture(“ C AT” ). W e have jurisdic tion

unde r 8 U.S.C
. § 1252, a

nd we de ny

the pe tition for re vie w. Substa ntia l e v i de nc e supports the B IA’ s a dve rse c re dibility finding, whic h
wa s ba se d

on inc onsiste nc ie s in Sun’ s te stim ony re ga rding whe n his wifewa s forc e d to ha

ve an intra

ute rine de vic e pla c e d by

the C hine s e gove rnm e nt. S e e Shre stha v . Holde r , 590 F.3d 1034, 1039–40 (9th C ir. 2014); se e also C haw la v

. Holde r , 599 F.3d 998, 1001 (9th C ir. 2010) (“ Our re vie w is limite d to theB IA’ s de c ision c onc e rning thea dve rse c re dibility finding.” ). This inc onsiste nc y we nt to the h e art of Sun’ s c la i m

tha t he suffe re d pe rse c ution on a c c ount of his viola tion of C hina ’ s one c hild polic y , a nd thus the

IJ a n d B oa rd pe rm issibly

found Sun not
c re d ible
. Se e Li v . Holde r , 738 F.3d 1160, 1163 (9th C i r. 2003). The re fore , the de nia l of his a

p plic ation for a sy lum

and withholding of re

m ova l wa s supporte d by substa ntia l e vide nc e . Se e Shre

s tha , 590 F.3d a

t 1047–48. B e c a use Sun offe re d no othe r e vide nc e in support of his c la im for prote c tion unde r the C AT a

pa rt from the te stim ony

tha t the a ge nc y found not c re dible , the B oa rd prope rly

a ffirm e d the IJ’ s de nia l on tha t c la im a s we ll. S

e e id. at 1049. PE T IT IO N DE NIE D.

2