alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


April 18, 2018


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust 377 (the “Fund”)


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the Fund, consisting of the unit investment trusts (the “Trusts”) included in
the Registration Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trusts on the date
hereof. The prices indicated therein reflect our evaluation of such securities as of close of business on April 17, 2018, in accordance
with the valuation method set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreements. We consent to
the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust securities in the Registration
Statement (No. 333-222943) filed with the Securities and Exchange Commission with respect to the registration of the sale of the
Units of the Trusts and to the filing of this consent as an exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                          


Gerardo Cipriano


Vice President
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Page 45874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21118]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4330-DR; Docket ID FEMA-2017-0001]


Vermont; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Vermont (FEMA-4330-DR), dated August 16 2017, and 
related determinations.

DATES: The amendment was issued on September 21, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, James N. Russo, 
of FEMA is appointed to act as the Federal Coordinating Officer for 
this disaster.

    This action terminates the appointment of Mark H. Landry as 
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households In 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21118 Filed 9-29-17; 8:45 am]
 BILLING CODE 9111-23-P
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                                      <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                      19,392,125
<SECURITIES>                                         0
<RECEIVABLES>                                   34,200
<ALLOWANCES>                                         0
<INVENTORY>                                    154,788
<CURRENT-ASSETS>                            20,008,334
<PP&E>                                         726,311
<DEPRECIATION>                               (169,918)
<TOTAL-ASSETS>                              20,797,789
<CURRENT-LIABILITIES>                        2,747,838
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       121,500
<OTHER-SE>                                  17,902,552
<TOTAL-LIABILITY-AND-EQUITY>                20,797,789
<SALES>                                        298,391
<TOTAL-REVENUES>                             3,798,391
<CGS>                                          292,427
<TOTAL-COSTS>                                  292,427
<OTHER-EXPENSES>                            18,707,242
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                           (15,201,278)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (15,201,278)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (15,201,278)
<EPS-PRIMARY>                                   (1.52)
<EPS-DILUTED>                                   (1.52)
        

</TABLE>
I 

112TH CONGRESS 

1ST SESSION H. R. 3347 

To exempt any road, highway, or bridge damaged by a natural disaster, 

including a flood, from duplicative environmental document reviews if 

the road, highway, or bridge is reconstructed in the same location. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2011 

Mr. FORTENBERRY introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committee on 

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To exempt any road, highway, or bridge damaged by a natural disaster, including a flood, from duplicative environmental document reviews if the road, highway, or bridge 

is reconstructed in the same location. 

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

3 SECTION 1. EXEMPTION. 

4 The reconstruction process of any road, highway, or 

5 bridge that is in operation or under construction when 

6 damaged by a natural disaster, including a flood, and reVerDate Mar 15 2010 22:57 Nov 08, 2011 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3347.IH H3347

jlentini on DSK4TPTVN1PROD with BILLS
2 

•HR 3347 IH

1 constructed in the same location shall be exempt from any 

2 environmental review under— 

3 (1) the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.); 

5 (2) sections 402 and 404 of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1342, 1344); 

7 (3) the National Historic Preservation Act (16 

8 U.S.C. 470 et seq.); 

9 (4) the Migratory Bird Treaty Act (16 U.S.C. 

10 703 et seq.); 

11 (5) the Wild and Scenic Rivers Act (16 U.S.C. 

12 1271 et seq.); 

13 (6) the Fish and Wildlife Coordination Act (16 

14 U.S.C. 661 et seq.); 

15 (7) the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.), except when the reconstruction 

17 occurs in designated critical habitat for threatened 

18 and endangered species; 

19 (8) Executive Order 11990 (42 U.S.C. 4321 

20 note; relating to the protection of wetlands); and 

21 (9) any Federal law (including regulations) re22 quiring no net loss of wetlands. 

Æ 


jlentini on DSK4TPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                            DEC-31-1997  
<PERIOD-START>                               JUL-01-1997
<PERIOD-END>                                 SEP-30-1997  
<CASH>                                       9,199,989
<SECURITIES>                                 17,466,884
<RECEIVABLES>                                195,313  
<ALLOWANCES>                                 0
<INVENTORY>                                  212,690 
<CURRENT-ASSETS>                             24,415,095
<PP&E>                                       1,919,976
<DEPRECIATION>                               (289,902)
<TOTAL-ASSETS>                               29,407,877
<CURRENT-LIABILITIES>                        4,193,594
<BONDS>                                      0
<PREFERRED-MANDATORY>                        0 
<PREFERRED>                                  0 
<COMMON>                                     132,415
<OTHER-SE>                                   24,211,201  
<TOTAL-LIABILITY-AND-EQUITY>                 29,407,877
<SALES>                                      939,346
<TOTAL-REVENUES>                             939,346
<CGS>                                        883,245
<TOTAL-COSTS>                                883,245
<OTHER-EXPENSES>                             4,878,374
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                           0
<INCOME-PRETAX>                              (4,822,273)
<INCOME-TAX>                                 0
<INCOME-CONTINUING>                          (4,822,273)
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                                 (4,822,273)
<EPS-PRIMARY>                                (0.37)
<EPS-DILUTED>                                (0.37)
        

</TABLE>
CIRCUIT COURT OF THE CITY OF NORFOLK

#### Virginia Beach Telecommunication Corp. v. Cox Cable Communications, Inc., et al.

November 3, 1977

Case No. (Law) L-77-1284

By JUDGE EDWARD L. RYAN, JR.

Plaintiff’s motion for judgment alleges fraud against the defendants; fraud is not alleged against the City of Virginia Beach or its councilmen. The plaintiff now desires to orally discover said councilmen in an effort to prove fraud against the defendants or to secure facts reasonably calculated to lead to the discovery of admissible evidence. The City Attorney of Virginia Beach appears in opposition to the taking of such oral depositions. Ordinarily, courts do not invade the legislative function by inquiring into the motivating factors inducing legislation. However, here the plaintiff attacks not the legislation but the motives and actions of third parties in allegedly misleading the legislators. The following from 23 Am. Jur. 2d, *Depositions and*Discovery, § 242, p. 631, is instructive:

> The view has been taken that in an action in which the state is not a party, a motion for discovery from a state department as to information which invokes no privilege on the state’s part, the disclosure of which is not harmful to the state, and which is material to the plaintiff’s cause of action, should not be denied because of the principle of immunity of the state from suits. A statute authorizing a party to take pretrial testimony from "any other person" under specified circumstances *527has been construed to permit the pretrial examination of an officer, agent, or employee of the state or of a state agency in an action in which neither the state, state agency, or such officer, agent or employee was a party. And with respect to a municipal corporation which is not a party to an action, it has been said that such a corporation is no more exempt from pre-trial examination as a witness where "special circumstances" render it proper than any other person.

Rule 4:5 of the Virginia Rules permits a litigant to take oral discovery from "any person, including a party."

Plaintiff’s motion to discover the councilmen is hereby granted. If the City Attorney wishes to apply for any protective orders under Rule 4:1(c), the Court will hear arguments thereon upon the giving of notice.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 24, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134556 & (42)(43) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 134556 

 COA: 275572 
 Wayne CC: 03-008451-01

GAMAL A. HILTON,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 18, 2007 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The 

motion to compel discovery and motion to remand are DENIED. 

d0917 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 24, 2007 

 Clerk
<PAGE>   1
                                                                    EXHIBIT 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-52887, 333-18931 and 333-14531) of Coffee
People, Inc. of our report dated August 26, 1998 appearing in the Coffee People,
Inc. Annual Report on Form 10-K for the fiscal year ended June 27, 1998. We also
consent to the incorporation by reference of our report on the Financial
Statement Schedule, which appears in this Form 10-K.




PRICEWATERHOUSECOOPERS LLP

San Francisco, California
September 25, 1998
Exhibit 32

                    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 Sanguine Corporation (the
"Registrant") on Form 10-KSB for the year ended December 31, 2003, as
filed with the Commission on the date hereof (the "Annual Report"), we,
Thomas C. Drees, President and Chief Executive Officer and David Nelson, Chief
Financial Officer of the Registrant, 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 Annual 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 Annual Report fairly presents, in
all material respects, the financial condition and result of operations of the
Registrant.

Dated: 6/1/04                              /s/Thomas C. Drees
      -----------------                    -------------------------------
                                           Thomas C. Drees
                                           President, Chief Executive Officer
                                           and Director

Dated: 6/1/04                              /s/David E. Nelson
      -----------------                    -------------------------------
                                           David E. Nelson
                                           Chief Financial Officer and
                                           Director
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 on Form 10-Q of Digital Lightwave, Inc. (the Company) for the quarter ended September 30, 2007, as filed with the Securities and Exchange Commission on the date
hereof (the report), I Kenneth T. Myers, President and Chief Executive Officer and Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

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

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

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.



|                        |  |     |  |                                                                    
|----------------------- |  | --- |  | -------------------------------------------------------------------
|Date: November 14, 2007 |  |     |  |                                                                    
|                        |  |     |  |                                                                    
|                        |  | By: |  | /s/ KENNETH T. MYERS                                               
|                        |  |     |  | Kenneth T. Myers                                                   
|                        |  |     |  | President and Chief Executive Officer (Principal
Executive Officer)
|Date: November 14, 2007 |  |     |  |                                                                    
|                        |  |     |  |                                                                    
|                        |  | By: |  | /s/ KENNETH T. MYERS                                               
|                        |  |     |  | Kenneth T. Myers                                                   
|                        |  |     |  | Chief Accounting Officer (Principal Financial
Officer)
**Exhibit      32**

**Certification      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

|                                 |                                                                                                                                                                           |
|--------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Date:                *3/13/06*  | */s/* *G.                Mike Odom, Jr.*G.                Mike Odom, Jr.Chief                Executive Officer(Principal                Executive Officer)                |
|                                 |                                                                                                                                                                      |
| Date:                *3/13/06*  | */s/                John C. Helmken II*John                C. Helmken IIPresident                                                                                              |
|                                 |                                                                                                                                                                      |
| Date:                *3/13/06*  | */s/* *Robert                B. Briscoe*Robert                B. BriscoeChief                Financial Officer(Principal                Financial and Accounting Officer) |
CLOSURE MEDICAL CORPORATION
                                      COMPUTATION OF NET INCOME (LOSS) PER SHARE
                                                     (UNAUDITED)
                                        (IN THOUSANDS, EXCEPT PER SHARE DATA)
<TABLE>
<CAPTION>

                                                               THREE MONTHS ENDED                      NINE MONTHS ENDED
                                                      SEPTEMBER 30,          SEPTEMBER 30,       SEPTEMBER 30,      SEPTEMBER 30,
                                                          1999                   1998                1999               1998
                                                      -------------          -------------       -------------      -------------
<S>                                                       <C>                   <C>                 <C>                <C>
Weighted average common shares
   outstanding for the period-  basic EPS                 13,333                13,278              13,317             13,264
                                                      -------------          -------------       -------------      -------------
Effect of dilutive stock options (a)                           -                   378                   -                  -
                                                      -------------          -------------       -------------      -------------
Weighted average common shares
   outstanding for the period- diluted EPS                13,333                13,656              13,317             13,264
                                                      =============          =============       =============      =============
Net income (loss)                                     $   (1,204)            $     494           $  (1,754)         $  (3,782)
                                                      =============          =============       =============      =============
Net income (loss) per share- basic                    $    (0.09)            $    0.04           $   (0.13)         $   (0.29)
                                                      =============          =============       =============      =============
Net income (loss) per share- diluted                  $    (0.09)            $    0.04           $   (0.13)         $   (0.29)
                                                      =============          =============       =============      =============
</TABLE>
(a) Options to purchase 433,937 shares of common stock were outstanding at the
quarter ended September 30, 1998 but were not included in the computation of
diluted EPS as their effect was anti-dilutive.
**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 Torrent Energy Corporation (the “Company”) on Form 10-KSB for the period ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John D. Carlson, President and Chief Executive Officer (Principal Executive Officer) of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(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.

Date:  July 14, 2006

 

/s/ John D. Carlson                                          

Signature:  John D. Carlson 
| Title:    President and Chief Executive Officer |
|-----------------------------------------------------------|

(Principal Executive Officer)

 

 

D/JCU/724740.1
Brief Stricken and Order filed November 3, 2016 

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00581-CR

NO. 14-15-00582-CR

NO. 14-15-00583-CR

____________

LUIS EDUARDO LARA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 405th District Court

Galveston County, Texas

Trial Court Cause Nos. 14CR2148, 14CR2149, and 14CR2150

ORDER

Appellant’s original brief was stricken because it discloses the name of a child 

victim of sexual assault under the age of 17. See Tex. Code Crim. Proc. art. 57.02(h); 

Tex. R. App. P. 9.10(b). Appellant’s amended brief still discloses the names of child 

victims of sexual assault under the age of 17. See id.

Accordingly, the amended brief is STRICKEN. Appellant is ordered to file a 
2

brief that complies with Tex. Code Crim. Proc. art. 57.02 and Tex. R. App. P. 9.10

by November 14, 2016.

PER CURIAM