alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of: ALL AMERICAN BOTTLED WATER CORPORATION, Debtor, Michael D. Hitt, in his capacity as the trustee for the bankruptcy estate of All American Bottled Water Corporation, Appellant, v. Barney Ng; Re Loans LLC; Bar K Inc.; Pensco Trust Co., Appellees.

No. 09-36050.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 1, 2010.

Decided Nov. 18, 2010.

Robert J. Curran, Esquire, Timothy William Dore, Bryan C. Graff, Esquire, Ryan, Swanson *&*Cleveland, PLLC, Seattle, WA, for Appellant.

Sheena Ramona Aebig, Anthony Stephen Broadman, Esquire, Jerry B. Edmonds, Esquire, Daniel W. Ferm, Williams Kastner & Gibbs, PLLC, Seattle, WA, for Appellees.

*112Before: B. FLETCHER, FERNANDEZ and BYBEE, Circuit Judges.

MEMORANDUM *

The trustee appeals from the district court’s order affirming the bankruptcy court’s dismissal of a motion to avoid certain transfers made by the debtor to defendants Bar *K*and Ng, on the grounds that the transfers allegedly ran afoul of state fraudulent transfer laws and federal bankruptcy law. *See*Wash. Rev.Code §§ 19.40.041, 19.40.051; 11 U.S.C. § 544(b). We affirm.

We review de novo a district court’s decision on appeal from a bankruptcy court. *Greene v. Savage (In re Greene),*583 F.3d 614, 618 (9th Cir.2009). We review the bankruptcy court’s conclusions of law de novo and its factual findings for clear error. *Id.*We may affirm the bankruptcy court’s decision on any ground fairly supported by the record. *Wirum v. Warren (In re Warren),*568 F.3d 1113, 1116 (9th Cir.2009).

The bankruptcy court noted that the challenged transfer — the payment of points to Bar K and Ng — was part of an overall plan to provide the debtor with short-term funding needed to complete a purchase and begin the development of a water bottling plant. It found that all steps of the plan, including the payments to the defendants, involved transactions that were “integral to consummating [the] business plan.” The points payments in particular constituted standard fees for loan servicing. We agree with this assessment. Accordingly, we hold that the transfers to Bar K and Ng were part of a single loan transaction.

Furthermore, regardless of whether the transfers to Bar K and Ng are viewed separately or as part of a single transaction, the debtor received reasonably equivalent value for the transfers. The district court and bankruptcy court both found that the debtor would not have received $25 million in short-term funds if it had not paid these points to the defendants. Furthermore, neither party suggests that an exchange for $32 million in debt for $25 million in immediate assets does not constitute a transfer for reasonably equivalent value, and neither party suggests that the transaction was conducted at less than arms-length or was otherwise unfair.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>


                                                                    Exhibit 18

March 29, 2001
(April 13, 2001 as to Notes 1D and 13)

The Warnaco Group, Inc.
90 Park Avenue
New York, New York 10016

Dear Sirs/Madams:

We have audited the consolidated financial statements of The Warnaco Group, Inc.
and subsidiaries (the "Company") as of December 30, 2000 and January 1, 2000 and
for the years then ended, included in your Annual Report on Form 10-K to the
Securities and Exchange Commission and have issued our report thereon dated
March 29, 2001 (April 13, 2001 as to Notes 1D and 13), which expresses an
unqualified opinion and includes explanatory paragraphs for a) going concern
uncertainties and b) the change in the method of valuing inventory of the
Company's retail outlet stores from an average cost method to an actual cost
method. Note 1 to such financial statements contains a description of your
adoption during the year ended December 30, 2000 of the change in the method of
valuing inventory of your retail outlet stores from an average cost method to an
actual cost method. In our judgment, such change is to an alternative accounting
principle that is preferable under the circumstances.


Yours truly,




DELOITTE & TOUCHE LLP
New York, New York
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Commission of Fine Arts

Notice is hereby given that Public Law 99-190, as amended, authorizing the National Capital Arts and Cultural Affairs Program, has been funded for 2002 in the amount of $7,000,000.00. All requests for information and applications for grants should be received by 31 December 2001 and addressed to: Charles H. Atherton, Secretary, Commission of Fine Arts, National Building Museum, Suite 312, 441 F Street, NW., Washington, DC 20001, Phone: 202-504-2200.

Deadline for receipt of grant applications is March 1, 2002.

This program provides grants for general operating support of organizations whose primary purpose is performing, exhibiting, and/or presenting the arts. To be eligible for a grant, organizations must be located in the District of Columbia, must be non-profit, non-academic institutions of demonstrated national repute, and must have annual incomes, exclusive of federal funds, in excess of one million dollars for each of the past three years.

Charles H. Atherton,

Secretary.

[FR Doc. 01-31693  Filed 12-26-01; 8:45 am]

BILLING CODE 6330-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<S>                                 <C>
<PERIOD-TYPE>                        YEAR
<FISCAL-YEAR-END>                    JUN-30-1996
<PERIOD-END>                         JUN-30-1996
<CASH>                               282,892
<SECURITIES>                         0
<RECEIVABLES>                        2,010,946
<ALLOWANCES>                         37,754
<INVENTORY>                          570,651
<CURRENT-ASSETS>                     3,324,889
<PP&E>                               3,581,152
<DEPRECIATION>                       2,982,737
<TOTAL-ASSETS>                       4,219,305
<CURRENT-LIABILITIES>                2,871,961
<BONDS>                              241,257
<COMMON>                             11,270,811
<PREFERRED-MANDATORY>                0
<PREFERRED>                          0
<OTHER-SE>                           (128,476)
<TOTAL-LIABILITY-AND-EQUITY>         4,219,305
<SALES>                              0
<TOTAL-REVENUES>                     10,851,555
<CGS>                                0
<TOTAL-COSTS>                        7,958,077
<OTHER-EXPENSES>                     (231,154)
<LOSS-PROVISION>                     0
<INTEREST-EXPENSE>                   125,086
<INCOME-PRETAX>                      19,707
<INCOME-TAX>                         63,139
<INCOME-CONTINUING>                  (43,432)
<DISCONTINUED>                       0
<EXTRAORDINARY>                      0
<CHANGES>                            0
<NET-INCOME>                         (43,432)
<EPS-PRIMARY>                        (.003)
<EPS-DILUTED>                        (.003)
        

</TABLE>
Exhibit 5.7

CONSENT OF DAVID W. RENNIE, P. Eng.

Reference is made to the Annual Report on Form 40-F for the
year ended December 31, 2006 (the Annual Report) of New Gold Inc. (the Company), filed with the U.S. Securities and Exchange Commission.

I hereby consent to the reference to my name under the heading Interest of Experts in the Companys Annual Information Form and to all other references to my name included or incorporated by reference
in the Annual Report.



|                         |  |                                |  | 
|------------------------ |  | ------------------------------ |  | 
|/s/ David W. Rennie      |  |                               
|David W. Rennie, P. Eng. |  |                               
|Title:                   |  | Consulting Geological Engineer |  | 

March 26, 2007
Exhibit
32.1








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





In
connection with the Annual Report of Mexus Gold US, a Nevada Corporation, (the
“Company”) on Form 10-K for the year ended March 31, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned certify the following pursuant to Section 18, U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002:





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





2.
            The
      information contained in the report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.








/s/ Paul D.
Thompson


Paul D.
Thompson


Chief
Executive Officer


Chief
Financial Officer


Principal
Accounting Officer





July 9,
2010
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

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. 

 _________________________________________ 

 Clerk

September 9, 2010 

0830 

Order 

 

September 9, 2010 

140895 

NAJAT MACKIE and FREETOWN MINI 

MART, INC., 

Plaintiffs-Appellants, 

v SC: 140895 

 COA: 286461 

Wayne CC: 07-704897-CZ 

BOLLORE S.A., NORTH ATLANTIC 

TRADING COMPANY, NORTH ATLANTIC 

OPERATING COMPANY, JENKENS & 

GILCHRIST, and LISA MEYERHOFF, 

Defendants, 

and 

PROSKAUER ROSE, L.L.P., MARCELLA 

BALLARD, CHRISTOPHER A. RAIMONDI, 

KENNETH A. TARDIE & ASSOCIATES, 

PAUL H. STEINBERG, and STEINBERG, 

SHAPIRO & CLARK, 

 Defendants-Appellees. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the February 25, 2010 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

 DAVIS, J., not participating. I recuse myself and am not participating because I 

was on the Court of Appeals panel in this case. See MCR 2.003(B).
{"version":"1.0","provider_name":"Federal Mediation and Conciliation Service","provider_url":"https:\/\/www.fmcs.gov","title":"Sugar City, ID School Board and Teachers Reach Agreement with FMCS Help - Federal Mediation and Conciliation Service","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"NGlCqZAKB3\"><a href=\"https:\/\/www.fmcs.gov\/sugar-city-id-school-board-and-teachers-reach-agreement-with-fmcs-help\/\">Sugar City, ID School Board and Teachers Reach Agreement with FMCS Help<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.fmcs.gov\/sugar-city-id-school-board-and-teachers-reach-agreement-with-fmcs-help\/embed\/#?secret=NGlCqZAKB3\" width=\"600\" height=\"338\" title=\"“Sugar City, ID School Board and Teachers Reach Agreement with FMCS Help” — Federal Mediation and Conciliation Service\" data-secret=\"NGlCqZAKB3\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script type=\"text\/javascript\">\n\/* <![CDATA[ *\/\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n\/* ]]> *\/\n<\/script>\n","description":"Release date: 9\/28\/2015 With the assistance of federal mediator Darrell Clark and the Federal Mediation and Conciliation Service, the Sugar-Salem Education Foundation and the Sugar-Salem School Board in Sugar City, ID have reached a contract agreement after months of difficult negotiations. According to local news reports, FMCS assistance played a key role. School Superintendent Alan […]"}
EXHIBIT 99.1



                            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 on Form 10-QSB (the "Report") of
ARC Wireless Solutions, Inc. (the "Company") for the quarter ended September 30,
2002, each of the undersigned Randall P. Marx, the Chief Executive Officer of
the Company, and Monty R. Lamirato, the Chief Financial Officer of the Company,
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 the
undersigned's knowledge and belief:

     (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.



Dated:  November 13, 2002                 /s/ Randall P Marx
                                              ----------------------------------
                                              Randall P. Marx
                                              Chief Executive Officer


Dated:  November 13, 2002                 /s/ Monty R. Lamirato
                                              ----------------------------------
                                              Monty R. Lamirato
                                              Chief Financial Officer
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DAVID B. ROSS

, Appellant,

v.

ASSOCIATES IN NEUROLOGY, INC., a Florida Corporation, etc., f/k/a
UNICARE MEDICAL SERVICES, INC., a Florida Corporation, UNIVERSAL MEDICAL CONCEPTS, INC., a Florida Corporation, and

LAURIE C. SANDERS

, Appellee s

.

No. 4D 21

- 984

[ March 17, 2022 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; John B. Bowman , Judge; L.T. Case No. 01

- 8260 CA CE (02)

.

W. Sam Holland, Miami, for appellant.

Warren Brown of the Law Offices of Warren Brown, P.A., Davie, for appellees.

P ER C URIAM

.

Affirmed.

C IKLIN

, G ERBER and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT
10.1


BoS
(USA) INC.

565 Fifth Avenue

New York, New York 10017


October 1, 2007


FirstCity Financial Corporation

6400 Imperial Drive

Waco, Texas 76712


Gentlemen:


We refer to the Subordinated Delayed Draw Credit Agreement dated as of
September 5, 2007 (the “Agreement”) among FirstCity Financial Corporation (the “Borrower”),
the financial institutions which are parties to the Agreement (the “Lenders”)
and BoS (USA) Inc., as agent (the “Agent”).


The Agent and the Borrower hereby agree and confirm that the date in the
introductory paragraph of Section 6 of the Agreement is amended to be October
31, 2007.


Except as expressly amended hereby, the Agreement remains in full force
and effect in accordance with its terms.


Please sign below to confirm the terms of this letter, which may be
executed in counterparts, which when taken together shall constitute one and the
same instrument. This letter shall be governed by, and construed in accordance
with, the laws of the State of New York without reference to choice of law
doctrine that would result in the application of the laws of another
jurisdiction. The execution and delivery of this letter shall not obligate the
Agent to agree to any further amendments, waivers or consents.


	
  

  	
   

  	
   

  	
   

  	
  Very truly yours,

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  BANK OF SCOTLAND plc, New York Branch

  
	
   

  	
   

  	
   

  	
   

  	
  By:

  	
   

  	
  /s/ Joseph Fratus

  
	
   

  	
   

  	
   

  	
   

  	
  Name:

  	
   

  	
  Joseph Fratus

  
	
   

  	
   

  	
   

  	
   

  	
  Title:

  	
   

  	
  First Vice President

  
	
  AGREED:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  FIRSTCITY FINANCIAL CORPORATION

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
  /s/ James C. Holmes

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
  James C. Holmes

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
  Senior Vice President
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Surface Transportation Board 

          - [STB Finance Docket No. 34135] 

                    The Fulton Railroad Co., Ltd. (Fulton), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Cincinnati Railway Company and operate approximately 4,800 feet of track from a beginning point of milepost 0.0 and continuing for 4,800 feet to end of track, in the City of Cincinnati, Millcreek Township, Hamilton County, OH (line).[1] 

The transaction is scheduled to be consummated on or about December 15, 2001. The earliest the transaction can be consummated is December 14, 2001, the effective date of the exemption (7 days after the notice of exemption was filed). 

                    If the verified notice contains false or misleading information, the exemption is void                     *ab initio.*                     Petitions to reopen the proceeding to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction.                 

                    An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34135 must be filed with the Surface Transportation Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Robert L. Calhoun, Esq., Redmon, Peyton & Braswell, LLP, 510 King Street, Suite 301, Alexandria, VA 22314.                           ( print page 66975)    

                    Board decisions and notices are available on our Web site at                     *www.stb.dot.gov.*

Decided: December 14, 2001. 

By the Board, David M. Konschnik, Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

# Footnotes

1.                             Fulton states that it will be the operator of the line but that it is engaging in discussions with the Indiana & Ohio Railway Company (IORY) for IORY to assume operations over the line.                    
        Back to Citation      

[FR Doc. 01-31507 Filed 12-26-01; 8:45 am] 

BILLING CODE 4915-00-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from audited
financial statements contained in Form 10-K for the year ended December 31, 1998
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       1,372,000
<SECURITIES>                                   288,000
<RECEIVABLES>                                3,038,000
<ALLOWANCES>                                   596,000
<INVENTORY>                                    691,000
<CURRENT-ASSETS>                             5,573,000
<PP&E>                                       1,289,000
<DEPRECIATION>                               1,869,000
<TOTAL-ASSETS>                               7,662,000
<CURRENT-LIABILITIES>                        3,229,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     75,000
<COMMON>                                    13,584,000
<OTHER-SE>                                (10,368,000)
<TOTAL-LIABILITY-AND-EQUITY>                 7,662,000
<SALES>                                     13,124,000
<TOTAL-REVENUES>                            13,124,000
<CGS>                                       10,002,000
<TOTAL-COSTS>                               10,002,000
<OTHER-EXPENSES>                             2,354,000
<LOSS-PROVISION>                               596,000
<INTEREST-EXPENSE>                              23,000
<INCOME-PRETAX>                                768,000
<INCOME-TAX>                                    23,000
<INCOME-CONTINUING>                            745,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   745,000
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .10
        


</TABLE>