alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40563 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OSCAR RAMIREZ PENA, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. L-97-CR-336-1

- - - - - - - - - - April 16, 1999 Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM: * Oscar Ramirez Pena appeals his guilty-plea conviction for possession with the intent to deliver over 900 pounds of cocaine. Pena argues for the first time on appeal that the Government breached the plea agreement because he was denied application of the safety-valve provision of U.S.S.G. § 5C1.2. Pena also contends that the district court erred by not assessing him aNo. 98-40563 - 2 - mitigating role in the offense; however, he provides no legal argument in support of his bare assertion of error. We have reviewed the record and the briefs of the parties and conclude that Pena’s argument concerning the Government’s alleged breach of the plea agreement does not amount to plain

error. See United States v. Calverley , 37 F.3d 160, 162-63 (5th Cir. 1994)(en banc). Furthermore, the district court did not err in refusing to apply the safety-valve provision. See United States v. Wilson , 105 F.3d 219, 222 (5th Cir.), cert. denied , 118 S. Ct. 133 (1997). Pena’s argument concerning his mitigating role is deemed abandoned on appeal. See United States v. Tomblin , 46 F.3d 1369, 1376 n.1 (5th Cir. 1995). The judgment of the district court is AFFIRMED.
EX-35.4
(logo) MIDLANDLOANSERVICES



March 1, 2008

Ms. Karen A. Merson
Compliance Specialist
Wells Fargo Bank, N.A.
9062 Old Annapolis Road
Columbia, MD 21045-1951



JP Morgan Chase Commercial Mortgage Securities Corp.
Commercial Mortgage Pass-Through Certificates
Series 2007-LDP10
Pooling and Servicing Agreement



OFFICER'S CERTIFICATE

Pursuant to the requirements of that certain Pooling and Servicing Agreement
(the "Agreement"), it is hereby certified to the Depositor thereunder that on
behalf of Midland Loan Services, Inc. (the "Servicer"), (i) a review of the
Servicer's activities during the reporting period and of its performance under
the Agreement has been made under the undersigned officer's supervision; (ii)
to the best of the undersigned officer's knowledge, based on such review, the
Servicer has fulfilled all of its obligations under the Agreement in all
material respects throughout the reporting period or, if there has been a
failure to fulfill any such obligation in any material respect, each such
failure known to the undersigned officer and the nature and status thereof are
set forth below; and (iii) the Servicer has not received any notice regarding
qualification, or challenging the status, of any REMIC formed pursuant to the
Agreement from the IRS or any other governmental agency or body.

Nature and Status of Failures: None.

MIDLAND LOAN SERVICES, INC.

/s/ Steven W. Smith
Steven W. Smith
President and Chief Operating Officer



A Member of the PNC Financial Services Group

P.O. Box 419127 Kansas City Missouri 64141-6127

www.midlandls.com 913 253 9000 T  913 253 9001 F
Exhibit
10.2


 


NOTE


 


	LENDER:
    ACCESS ROAD CAPITAL, LLC	New
    York, New York
	PRINCIPAL
    AMOUNT: $10,000,000.00	July
    16, 2020


 


FOR
VALUE RECEIVED, the undersigned (the “Borrowers”) hereby promise to pay to the Lender set forth above (the
“Lender”) or its registered assigns, in lawful money of the United States of America in immediately available
funds, pursuant to such Credit Agreement, dated as of July 16, 2020 (as amended, restated, amended and restated, extended, supplemented
or otherwise modified from time to time, the “Credit Agreement”), between Borrowers and Lender, (i) on the
dates set forth in the Credit Agreement, the principal amounts set forth in the Credit Agreement with respect to the Loan and
(ii) on each Interest Payment Date, interest at the rate or rates per annum as provided in the Credit Agreement on the unpaid
principal amount of the Loan.


 


The
Borrowers hereby promise to pay interest at the Default Rate, on demand, on the Loan and other Obligations as provided in the
Credit Agreement.


 


The
Borrowers hereby waive diligence, presentment, demand, protest and notice of any kind whatsoever as further provided in the Credit
Agreement. The non-exercise by the holder hereof of any of its rights hereunder in any particular instance shall not constitute
a waiver thereof in that or any subsequent instance.


 


This
note is the Note referred to in the Credit Agreement that, among other things, contains provisions for the acceleration of the
maturity hereof upon the happening of certain events, for optional and mandatory prepayment of the principal hereof prior to the
maturity hereof and for the amendment or waiver of certain provisions of the Credit Agreement, all upon the terms and conditions
therein specified.


 


Capitalized
terms used herein and not otherwise defined shall have the meaning ascribed to such term in the Credit Agreement.


 


THIS
NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS OF THE CREDIT AGREEMENT AND THE INTERCREDITOR AGREEMENT.


 


THIS
NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.


 


[The
remainder of this page is intentionally left blank.]


 




    	 



    	 



    

 


IN
WITNESS WHEREOF, this Note is executed as of the date set forth above.


 


	 	BORROWERS:
	 	 
	 	FUBOTV
    INC., a Delaware corporation
	 	 
	 	By:	/s/
    Simone Nardi
	 	Name:	Simone
    Nardi
	 	Title:	Chief
    Financial Officer
	 	 	 
	 	FACEBANK
    GROUP, INC., a Florida corporation
	 	 
	 	By:	/s/
    David Gandler
	 	Name:	David
    Gandler
	 	Title:	CEO
<PAGE>
                                                                    EXHIBIT 15.1

                   AWARENESS LETTER OF INDEPENDENT ACCOUNTANTS

November 13, 2000

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

     Re:  Southwest Bancorporation of Texas, Inc. Registrations on Form S-3 and
          Form S-8

     We are aware that our report dated October 17, 2000 on our review of
interim financial information of Southwest Bancorporation of Texas, Inc. and
subsidiaries for the period ended September 30, 2000 and included in the
Company's quarterly report on Form 10-Q for the quarter then ended is
incorporated by reference in the Company's registration statements on Form S-3
(File Nos. 333-80603 and 333-47995) and Form S-8 (File Nos. 333-76269,
333-21619, 333-27891, 333-33533, and 333-55685). Pursuant to Rule 436(c) under
the Securities Act of 1933, this report should not be considered a part of the
registration statement prepared or certified by us within the meaning of
Sections 7 and 11 of that Act.

PricewaterhouseCoopers LLP
**Exhibit 31(a)****SECTION 302 CERTIFICATION**     I, Kevin L. Barnett, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Core Molding Technologies, Inc.;     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;     3. Based on my knowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periods presented in thisquarterly report;     4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have: a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this quarterly report is being prepared;  b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisquarterly report based on such evaluation; and  c) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s first fiscal quarter in the case of the quarterly report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting.     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function): a) all significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: May 14, 2007                                /s/ Kevin L. Barnett   Kevin L. Barnett   President, Chief Executive Officer, and Director   
23
Exhibit 13.1



906 Certification



April 30, 2012



The certification set forth below is being
submitted to the Securities and Exchange Commission in connection with the Annual Report on Form 20-F for the year ended December
31, 2011 (the “Report”) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange
Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code.



Lin Shuipan, the Chairman and Chief Executive
Officer and Tai Yau Ting, the Chief Financial Officer of Exceed Company Ltd., each certifies that, to the best of his or her knowledge:



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



| | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of Exceed Company Ltd.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



| | By: | /s/ Lin Shuipan 
| | --- | ----------------
| |     | Name:           
| |     | Title:          
| |     |                 
| | By: | /s/ Tai Yau Ting
| |     | Name:           
| |     | Title:
# Ruby A. Castilleja,

Certified Shorthand Reporter
428 th 

### Judicial District Court Hays County Government Center 712 South Stagecoach Trail, Room 3269 San Marcos, Texas 78666 Ruby.castilleja@co.hays.tx.us
Phone: 512-393-7752 Fax: 512-393-7713

August 31, 2015

Mr. Jeffrey D. Kyle,
Clerk of the Court Third District Court of Appeals
P.O. Box 12547 Austin, Texas 78711-2547

Re: Court of Appeals Number: 03-15-00431-CV
Trial Court Case Number: 13-1666

Style: (1) 2002 Dodge 2500, Pick-Up Truck, TXLP: B E31768 VIN: 3B7KF236X2M262M262448 AND 20 Foot, Dual Axle, Black , Flatbed, Home-made, Gooseneck Trailer, bearing the initials AJH v. The State of Texas

Dear Mr. Kyle:

I am in receipt of your letter Dated August 25, 201 5, regarding the above-referenced cause, indicating that my reporter’s record is past due. After researching the case, I have been informed that this matter was done by submission; therefore, there was no reporter’s record to be pr3epared and submitted by me in this matter.

Respectfully submitted,

/S/ Ruby Castilleja, CSR

/rac

CC: Ms. Yahitza Nunez, Assistant Hays County Crimin al District Attorney Mr. Aaron Hoes, Pro Se
Exhibit








Exhibit 4.1
WAIVER OF RIGHTS UNDER STOCKHOLDERS’ AGREEMENT
(CEP HOLDINGS, INC.)
Pursuant to Section 4.8(a)(ii) of the STOCKHOLDERS’ AGREEMENT (“Agreement”) dated June 18, 2018 entered into by and among Charah Solutions, Inc. (the “Company”), Bernhard Capital Partners Management, LP, CEP Holdings, Inc. (“CEP Holdings”) and other stockholders signing the Agreement. For good and valuable consideration, the receipt of which is hereby acknowledged CEP Holdings, for itself, its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary company, companies under the common control with any of the foregoing, affiliates, and assigns and its and their past, present and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns, and successor in interest, and all persons acting by, through, under or in concert with them, and each of them, hereby affirms and irrevocably waives any right it has under Section 2.1(d) of the Agreement to nominate Charles E. Price to the Board of Directors of the Company.
All other provisions of the Agreement, including any other rights and obligations of CEP Holdings, shall remain unchanged.  
	
				
	 
	 
	 
	 

	 
	 
	CEP HOLDINGS, INC.

	 
	 
	 
	 

	 
	 
	 
	 

	 
	 
	By:
	/s/ Charles E. Price

	 
	 
	Name:
	Charles E. Price

	 
	 
	Title:
	President and Chief Executive Officer

	 
	 
	Date:
	7/9/2020




	
				
	 
	 
	 
	 

	Receipt acknowledged by:
	 
	 

	CHARAH SOLUTIONS, INC.
	 
	 

	 
	 
	 
	 

	 
	 
	 
	 

	By:
	/s/ Scott A. Sewell
	 
	 

	Name:
	Scott A. Sewell
	 
	 

	Title:
	President and Chief Executive Officer
	 
	 

	Date:
	7/9/2020
##### 



EXHIBIT 31.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002  1.
    
    I have reviewed this quarterly report on Form 10-Q of AESP, Inc.;2.
    
    Based on my knowledge, this quarterly 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 quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and
cash flows of the registrant as of, and for, the periods presented in
this quarterly report;4.
    
    The registrants other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and
we have:  a)
    
    designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known to
us by others within those entities, particularly during the period in
which this quarterly report is being prepared;b)
    
    intentionally omitted;c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this quarterly report our conclusions about
the effectiveness of the disclosure controls and procedures, as of the
end of the period covered by this report based on such evaluation; andd)
    
    disclosed in this quarterly report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter that has materially affected,
or is reasonably likely to materially affect, the registrants internal
control over financial reporting; and  5.
    
    The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
function):  a)
    
    all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to
record, process, summarize and report financial information; andb)
    
    any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal
controls over financial reporting. Date: November 17, 2004
    By:
    /s/ John F. WilkensName:
    John F. WilkensTitle:
    Chief Financial Officer
2008-2471.

#### State ex rel. Doe v. Smith.

Clermont App. No. CA2008-01-006.

On motion for reconsideration. Motion denied.

Pfeifer, J., dissents.
FDIC 5000/33 (5-21) Page of 

OMB Number: 3064-0122 

Expiration Date: 01/31/2023

Federal Deposit Insurance Corporation 

AMENDED NON-LITIGATION BUDGET

PAPERWORK REDUCTION ACT NOTICE 

Public reporting burden for this collection of information is estimated to average 0.5 hours per response, including the time for 

reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the 

collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including 

suggestions for reducing this burden to the Paper Reduction Act Clearance Officer, Legal Division, Federal Deposit Insurance 

Corporation, 550 17th Street, N.W., Washington, D.C. 20429; and the Office of Management and Budget, Paperwork Reduction 

Project (3064-0122), Washington, D.C. 20503. An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB control number. 

Page down to access form 5000/33
FDIC 5000/33 (5-21) Page of 

OMB Number: 3064-0122 

Expiration Date: 01/31/2023

Federal Deposit Insurance Corporation 

AMENDED NON-LITIGATION BUDGET

INSTRUCTIONS: An amended budget amount is a cumulative total of all past amounts incurred plus future amounts necessary 

for completion of a matter. An amended budget worksheet must also be completed prior to amended budget approval (1) if the 

original budget required a worksheet, or (2) if directed by an FDIC Attorney.

SECTION I - INSTITUTION INFORMATION

1. Matter Number 2. Matter Caption

3. Institution Number 4. Institution Name 6. Institution Type

 Bank Thrift

5. Firm Name

7. Select Amendment: 1st Amended Budget 2nd Amended Budget 3rd Amended Budget

SECTION II - AMENDED NON-LITIGATION LITIGATION BUDGET INFORMATION

Attorney's Fees:

Hourly Rate:

Contingent Fee:

TOA Fee:

Fixed Fee:

% of

Estimated Recovery Value

$

Specify Nature of Non-Litigation work to be Performed

Estimated Hours for Completion:

Estimated Completion Date:

Total Fees and Expenses 

Last Approved Budget Amended Budget

Fees Expenses Fees Expenses

SECTION III - LAW FIRM AMENDED BUDGET ACKNOWLEDGMENT

I acknowledge that the budget information contained herein is correct to the best of my knowledge and written approval of the Legal 

Division is required for any increase in the total budget amount.

Authorized Law Firm Delegate

Name Title Telephone Fax

Signature Date

SECTION IV - AMENDED BUDGET APPROVAL

FDIC Attorney (Recommending approval of amended budget)

Name Signature Date Budget Approved

Delegated Authority

The amended budget has been reviewed and is approved.

Name Signature Date Budget Approved
II 

115TH CONGRESS 

2D SESSION S. 2908 

To amend title XVIII of the Social Security Act to provide for electronic 

prior authorization under Medicare part D for covered part D drugs, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2018 

Mr. ROBERTS (for himself, Mr. CARPER, and Mr. GRASSLEY) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for electronic prior authorization under Medicare part 

D for covered part D drugs, and for other purposes. 

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

3 SECTION 1. ELECTRONIC PRIOR AUTHORIZATION FOR COV4 ERED PART D DRUGS. 

5 Section 1860D–4(e)(2) of the Social Security Act (42 

6 U.S.C. 1395w–104(e)(2)) is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(E) ELECTRONIC PRIOR AUTHORIZA9 TION.— 


pbinns on DSK79D2C42PROD with BILLS
2 

•S 2908 IS

1 ‘‘(i) IN GENERAL.—Not later than 

2 January 1, 2021, the program shall pro3 vide for the secure electronic transmittal 

4 of— 

5 ‘‘(I) a prior authorization request 

6 from the prescribing health care pro7 fessional for coverage of a covered 

8 part D drug for a part D eligible indi9 vidual enrolled in a part D plan (as 

10 defined in section 1860D–23(a)(5)) to 

11 the PDP sponsor or Medicare Advan12 tage organization offering such plan; 

13 and 

14 ‘‘(II) a response, in accordance 

15 with this subparagraph, from such 

16 PDP sponsor or Medicare Advantage 

17 organization, respectively, to such pro18 fessional. 

19 ‘‘(ii) ELECTRONIC TRANSMISSION.— 

20 ‘‘(I) EXCLUSIONS.—For purposes 

21 of this subparagraph, a facsimile, pro22 prietary payer portal that meets such 

23 standards as specified by the Sec24 retary, or electronic form shall not be 


pbinns on DSK79D2C42PROD with BILLS
3 

•S 2908 IS

1 treated as an electronic transmission 

2 described in clause (i). 

3 ‘‘(II) STANDARDS.—In order to 

4 be treated, for purposes of this sub5 paragraph, as an electronic trans6 mission described in clause (i), such 

7 transmission shall comply with tech8 nical standards adopted by the Sec9 retary in consultation with the Na10 tional Council for Prescription Drug 

11 Programs, other standard setting or12 ganizations determined appropriate by 

13 the Secretary, and stakeholders in14 cluding PDP sponsors, Medicare Ad15 vantage organizations, health care 

16 professionals, and health information 

17 technology software vendors.’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02

- 21

- 00095

- CV

___________________________

Orig ina l Proceeding

372nd District Court of Tarrant County, Texas

Trial Court No. 1601893

Before Womack, J; Sudderth, C.J.; and Kerr, J.

Per Curiam Memorandum Opinion 

### I N RE 

### C ORY 

### R

AY 

### S HELBY 

### , Relator2 MEMORANDUM OPINION

The court has considered relator’s petition for writ of mandamus and is of the

opinion that the petition should be dismissed as moot. Accordingly, relator’s petition

for writ of mandamus is dismissed as moot.

Per Curiam

Delivered : April 19, 2021
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 Annual Report of Orbitz Worldwide, Inc. (the "Company") on Form 10-K/A for the year ended December 31,
2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Marsha C. Williams, Chief Financial 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:



|August 27, 2008 |  | /s/MARSHA C. WILLIAMSMarsha C. Williams Senior Vice President and Chief
Financial Officer
|--------------- |  | -----------------------------------------------------------------------------------------

---



QuickLinks