alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<Page>
                                                                      EXHIBIT 12

                      HIGH VOLTAGE ENGINEERING CORPORATION

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

                      (IN THOUSANDS, EXCEPT RATIO AMOUNTS)

                                  (UNAUDITED)

<Table>
<Caption>
                                                                   FISCAL YEAR ENDED
                                               ---------------------------------------------------------
                                               APRIL 28,   APRIL 29,   APRIL 24,   APRIL 25,   APRIL 26,
                                                 2001        2000        1999        1998        1997
                                               ---------   ---------   ---------   ---------   ---------
<S>                                            <C>         <C>         <C>         <C>         <C>
Earnings:
  Income (loss) from continuing operations
    before income taxes, discontinued
    operations and extraordinary item........  $(22,755)   $(30,456)    $(1,394)   $(19,733)    $(3,921)
                                               --------    --------     -------    --------     -------

Fixed charges:
  Interest expense, accretion of redeemable
    put warrants and amortization of debt
    discount and premium on all
    indebtedness.............................    22,044      19,122      17,242      17,077       9,899
  Portion of rent under long-term operating
    leases representative of an interest
    factor ( 1/3)............................     1,593         804         624         642         441
  Accretion of redeemable preferred stock....       605         488         443         270          --
  Preferred stock dividend requirement.......     6,101       4,965       4,329       3,085       2,756
                                               --------    --------     -------    --------     -------
    Total fixed charges......................    30,343      25,379      22,638      21,074      13,096
                                               --------    --------     -------    --------     -------
  Earnings from continuing operations before
    income taxes, discontinued operations,
    extraordinary item and fixed charges.....  $  7,588    $ (5,077)    $21,244    $  1,341     $ 9,175
                                               ========    ========     =======    ========     =======
Ratio of earnings to fixed charges...........        --          --          --          --          --
</Table>

    The Company's earnings were inadequate to cover fixed charges by $29,461,
$35,869, $6,166, $23,088 and $6,677 in fiscal 2001, 2000, 1999, 1998, and 1997,
respectively.
# Official Journal L 287/28 O

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 287 |
| | |
| English edition | Legislation | Volume 4828 October 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 287

English edition

Legislation

Volume 4828 October 2005

---

| Contents | | II   Acts whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | Council |
| | * | Decision No 5/2005 of the ACP-EC Council of Ministers of 25 June 2005 on transitional measures applicable from the date of signing to the date of entry into force of the revised ACP-EC Partnership Agreement | 1 |

Contents

II   Acts whose publication is not obligatory

page

Council

*

Decision No 5/2005 of the ACP-EC Council of Ministers of 25 June 2005 on transitional measures applicable from the date of signing to the date of entry into force of the revised ACP-EC Partnership Agreement

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
### §460qqq–2. Establishment

#### (a) In general

For the purpose described in section 460qqq of this title, there is established in the State a conservation area to be known as the Sloan Canyon National Conservation Area.

#### (b) Area included

The Conservation Area shall consist of approximately 48,438 acres of public land in the County, as generally depicted on the map.

#### (c) Map and legal description

#### (1) In general

As soon as practicable after November 6, 2002, the Secretary shall submit to Congress a map and legal description of the Conservation Area.

#### (2) Effect

The map and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.

#### (3) Public availability

A copy of the map and legal description shall be on file and available for public inspection in the appropriate office of the Bureau of Land Management.

(Pub. L. 107–282, title VI, §604, Nov. 6, 2002, 116 Stat. 2010.)
#### Phillis Robinson BRANCH, Plaintiff-Appellant, v. SONY MUSIC ENTERTAINMENT, INC., Defendant-Appellee.

Docket No. 01-7398.

United States Court of Appeals, Second Circuit.

May 14, 2002.

Perry S. Friedman, N.Y., NY, for Appellant.

Robert I. Gosseen, Gallagher, Gosseen, Faller & Crowley, N.Y., NY, for Appellee.

Present FEINBERG, KEARSE, and CARDAMONE, Circuit Judges.

*SUMMARY ORDER*

This cause came on to be heard on the record from the United States District Court for the Southern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed substantially for the reasons stated in Judge Griesa’s Opinion dated March 7, 2001. Defendant came forward with evidence of legitimate, non-discriminatory reasons for its employment decisions, and plaintiff failed to adduce evidence from which a rational finder of fact could infer that those reasons were pretext for racial discrimination.

We have considered all of plaintiffs contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.
#### Martin Berg, Respondent, v. Wirth Products, Inc., Appellant.

Ho opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.
# C_2011145EN.01000401.xml

| 14.5.2011 | EN | Official Journal of the European Union | C 145/4 |
| --- | --- | --- | --- |

14.5.2011

EN

Official Journal of the European Union

C 145/4

---

Reference for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága (Hungary) lodged on 21 January 2011 — Allianz Hungária Biztosító Zrt., Generali-Providencia Biztosító Zrt., Gépjármű Márkakereskedők Országos Szövetsége, Magyar Peugeot Márkakereskedők Biztosítási Alkusz Kft. And Paragon-Alkusz Zrt., legal successor of Magyar Opelkereskedők Bróker Kft. v Gazdasági Versenyhivatal

(Case C-32/11)

2011/C 145/04

Language of the case: Hungarian

Referring court

Referring court

Magyar Köztársaság Legfelsőbb Bírósága

Parties to the main proceedings

Parties to the main proceedings

Applicants: Allianz Hungária Biztosító Zrt., Generali-Providencia Biztosító Zrt., Gépjármű Márkakereskedők Országos Szövetsége, Magyar Peugeot Márkakereskedők Biztosítási Alkusz Kft., Paragon-Alkusz Zrt., legal successor of Magyar Opelkereskedők Bróker Kft.

Applicants:

Defendant: Gazdasági Versenyhivatal

Defendant:

Question referred

Question referred

Do bilateral agreements between an insurance company and individual car repairers, or between an insurance company and a car repairers’ association, under which the hourly repair charge paid by the insurance company to the repairer for the repair of vehicles insured by the insurance company depends, among other things, on the number and scale of insurance policies taken out with the insurance company by the repairer, as the insurance broker for the insurance company in question, qualify as agreements which have as their object the prevention, restriction or distortion of competition, and thus contravene Article 101(1) TFEU?

---
# STATE 

# OF NEVADA Department of Conservation & Natural Resources 

### DIVISION OF ENVIRONMENTAL PROTECTION

Jared Blumenfeld Regional Administrator ORA-l, USEPA Region 9 75 Hawthorne Street San Francisco CA 94105 May 9, 2013 Brian Sandoval, Governor Leo M. Drozdoff, P.E., Director
Colleen Cripps, Ph.D., Administrator



### RE: Supplementto the Washoe County Portion oftheNevada State Implementation Plan for the 2008 Ozone NAAQS: Demonstration ofAdequacy.
Dear Mr. Blumenfeld: OnbehalfofGovernor Sandoval, as his appointed designee, the NevadaDivision of Environmental Protection (NDEP) is submitting supporting documentation for the Washoe CountyPortion of the Nevada State Implementation Plan for the 2008 OzoneNAAQS: Demonstration of Adequacy. The Washoe County ozone infrastructure state implementationplan (SIP) was adopted bythe Washoe County District Board ofHealth (WCDBH) onFebruary 28,2013 after a 30-daypublic notice period. The minutes from that meeting were not available for the AprillO, 2013 Nevada State Implementation Plan for the 2008 8-HourOzoneNAAQS: Demonstration of Adequacy submittal. Therefore, as we advised in the AprillO, 2013 transmittal to the U.S. Environmental Protection Agency, the NDEP is hereby submitting one hard copy and one exact duplicate ofthe hard copy in electronic form ofthe approved WCDBH minutes from the February 28,2013 public hearing and evidence ofadoption ofthe Washoe County ozone infrastructure SIP. Ifyou shouldhave any questions about this submittal orrequire additional clarification, youmay contact Rob Bamford, Chief, Bureau ofAir QualityPlanning at (775) 687-9330.

Enclosures Sincerely,

Colleen Cripps, Ph.D. AdministratorJared Blumenfeld Page2 May 9, 2013

cc w/o enclosures: CoryHunt, Policy Analyst, Office ofthe Governor Amy Zimpfer, Associate Director, Air Division, USEPA Region IX (AIR-1) Doris Lo, Acting Chief, Planning Office, USEPA Region IX (AIR-2) Kevin Dick, Director, Air Quality Management Division, Washoe County Health District
ec w/o enclosures Leo Drozdoff, Director, Nevada Department ofConservation and Natural Resources Michael Elges, Deputy Administrator, NDEP Rob Bamford, Chief, Bureau ofAir Quality Planning, NDEP Certified Mail No. 9171 9690 0935 0012 2793 23
### §6851. Definitions

In this chapter:

#### (1) Federal land

The term "Federal land" means any land managed by a Federal land management agency.

#### (2) Federal land management agency

The term "Federal land management agency" means—

(A) the Bureau of Reclamation;

(B) the National Park Service;

(C) the Bureau of Land Management;

(D) the United States Fish and Wildlife Service;

(E) the Forest Service; and

(F) the Corps of Engineers.

#### (3) Road or trail

The term "road or trail" means a road or trail designated by 1 or more of the Secretaries for public use.

#### (4) Secretaries

The term "Secretaries" means—

(A) the Secretary of Agriculture, acting through the Chief of the Forest Service;

(B) the Secretary of the Interior; and

(C) the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works.

(Pub. L. 117–114, §2, Apr. 29, 2022, 136 Stat. 1175.)

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 117–114, §1, Apr. 29, 2022, 136 Stat. 1175, provided that: "This Act [enacting this chapter] may be cited as the 'Modernizing Access to Our Public Land Act'."
#### Patrick Ryan, Appellant, v. The City of New York, Respondent.

Order affirmed, with ten dollars costs and disbursements. Ho opinion. Present — Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ.
### §555a. Exchange of lands

Where lands under the jurisdiction of the Forest Service have been acquired and are being administered under laws which contain no provision for their exchange, the Secretary of Agriculture may convey such lands and in exchange therefor may accept on behalf of the United States title to any lands which in his opinion are suitable for use in connection with activities of the Forest Service. The value of the lands so conveyed by the Secretary of Agriculture shall not exceed the value of the lands accepted by him.

(Pub. L. 87–869, §1, Oct. 23, 1962, 76 Stat. 1157.)
# Official Journal C 214A/15 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 214A |
| | |
| English edition | Information and Notices | Volume 5915 June 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 214A

English edition

Information and Notices

Volume 5915 June 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2016/C 214A/1 | Directorate-General for Informatics — Vacancy notice for a Director in the Directorate ‘Digital Business Solutions’ (DIGIT.B) (AD 14) Brussels — (Article 29(2) of the Staff Regulations) — COM/2016/10368 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2016/C 214A/1

Directorate-General for Informatics — Vacancy notice for a Director in the Directorate ‘Digital Business Solutions’ (DIGIT.B) (AD 14) Brussels — (Article 29(2) of the Staff Regulations) — COM/2016/10368

1

---

| EN | |
| --- | --- |

EN
### §460u–20. Paul H. Douglas Ecological and Recreational Unit and Center for Environmental Education

#### (a) Dedication of Park

The Indiana Dunes National Park is hereby dedicated to the memory of Paul H. Douglas in grateful recognition of his leadership in the effort to protect, preserve, and enhance the natural, scientific, historic, and recreational value of the Park for the use, enjoyment, and edification of present and future generations.

#### (b) Establishment

To further accomplish the purposes of subsection (a) of this section, the Secretary of the Interior shall designate the west unit of the Park as the "Paul H. Douglas Ecological and Recreational Unit" and shall, subject to appropriations being granted, design and construct a suitable structure or designate an existing structure within the Park to be known as the "Paul H. Douglas Center for Environmental Education" which shall provide facilities designed primarily to familiarize students and other visitors with, among other things: (1) the natural history of the Park and its association with the natural history of the Great Lakes region; (2) the evolution of human activities in the area; and (3) the historical features which led to the establishment of the Park by the Congress of the United States.

#### (c) Preparation of informative materials

To inform the public of the contributions of Paul H. Douglas to the creation of the Park, the Secretary of the Interior shall provide such signs, markers, maps, interpretive materials, literature, and programs as he deems appropriate.

(Pub. L. 89–761, §20, as added Pub. L. 96–612, §1(1), Dec. 28, 1980, 94 Stat. 3575; amended Pub. L. 116–6, div. E, title I, §115(a)(1), Feb. 15, 2019, 133 Stat. 232.)

#### **Editorial Notes**

#### Amendments

2019—Subsec. (a). Pub. L. 116–6 substituted "National Park" for "National Lakeshore" and "Park" for "lakeshore".

Subsecs. (b), (c). Pub. L. 116–6, §115(a)(1)(B), substituted "Park" for "lakeshore" wherever appearing.
### §760–1. Kentucky fish hatchery; authorization of appropriations

There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the purposes of section 760 of this title.

(July 18, 1950, ch. 465, §2, 64 Stat. 343.)

#### **Statutory Notes and Related Subsidiaries**

#### Appropriation for Acquisition of Lands and Construction

In addition to enacting this section, section 2 of act July 18, 1950, authorized a maximum appropriation of $275,000 for the acquisition of lands and water rights or interests therein and the construction and equipment of the station provided for by section 760.
<PAGE>
<PAGE>
                                                              Exhibit 10(k)
               GOLDEN AMERICAN LIFE INSURANCE COMPANY
                            SURPLUS NOTE

Golden American Life Insurance Company agrees to pay Equitable Life
Insurance Company of Iowa, an Iowa corporation, the sum of $50
million ($50,000,000.00) plus interest at the rate of 8.179% per
annum from the date hereof, December 30, 1999 until paid.  In any
event, this note will mature on December 29, 2029.

This Surplus Note and accrued interest thereon shall be subordinate
to payments due to policyholders, claimant and beneficiary claims, as
well as debts owed to all other classes of debtors, other than
surplus note holders, of Golden American Life Insurance Company in
the event of (a) the institution of bankruptcy, reorganization,
insolvency or liquidation proceedings by or against Golden American
Life Insurance Company, or (b) the appointment of a Trustee, receiver
or other Conservator for a substantial part of Golden American Life
Insurance Company properties.

Any payments made shall first apply to accrued interest, and the
balance of such payment shall apply to reduce the principal of this
Note.

Any payment of principal and/or interest made shall be subject to the
prior approval of the Delaware Insurance Commissioner.  If the
Commissioner has not approved payment of principal to retire the note
prior to its maturity date, the maturity date will be automatically
extended until such time as the Commissioner authorizes payment of
the final balance of principal.

Golden American Life Insurance Company hereby waives presentment and
notice of dishonor.

In witness whereof, Golden American Life Insurance Company has caused
this Note to be executed and delivered.

                              GOLDEN AMERICAN LIFE INSURANCE COMPANY

                              By:  /s/ David L. Jacobson
                                   ---------------------------------
                                   David L. Jacobson, Senior Vice
                                   President and Assistant Secretary


Attest by:

/s/ Marilyn Talman
-----------------------
Marilyn Talman
Vice President and Assistant Secretary

<PAGE>
<PAGE>
### §6552. Definitions

In this subchapter:

#### (1) Applied silvicultural assessment

#### (A) In general

The term "applied silvicultural assessment" means any vegetative or other treatment carried out for information gathering and research purposes.

#### (B) Inclusions

The term "applied silvicultural assessment" includes timber harvesting, thinning, prescribed burning, pruning, and any combination of those activities.

#### (2) 1890 Institution

#### (A) In general

The term "1890 Institution" means a college or university that is eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.).

#### (B) Inclusion

The term "1890 Institution" includes Tuskegee University.

#### (3) Forest-damaging insect

The term "forest-damaging insect" means—

(A) a Southern pine beetle;

(B) a mountain pine beetle;

(C) a spruce bark beetle;

(D) a gypsy moth;

(E) a hemlock woolly adelgid;

(F) an emerald ash borer;

(G) a red oak borer;

(H) a white oak borer; and

(I) such other insects as may be identified by the Secretary.

#### (4) Secretary

The term "Secretary" means—

(A) the Secretary of Agriculture, acting through the Forest Service, with respect to National Forest System land; and

(B) the Secretary of the Interior, acting through appropriate offices of the United States Geological Survey, with respect to federally owned land administered by the Secretary of the Interior.

(Pub. L. 108–148, title IV, §402, Dec. 3, 2003, 117 Stat. 1908.)

#### **Editorial Notes**

#### References in Text

The Act of August 30, 1890, referred to in par. (2)(A), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 321 of Title 7 and Tables.
|  |  | [if !vml]>[endif]>

[if !vml]>[endif]>

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IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

RUSSELL BERNER AND DONNA BERNER, KENDALL DOBBINS, ROBERT

D. CLARK AND ROBERT W. WEBBER

v.

MONTOUR TOWNSHIP ZONING

HEARING BOARD AND SCOTT

SPONENBERG

PETITION OF: SCOTT SPONENBERG :

:

:

:

:

:

:

:

:

:

: No. 84 MAL 2018

Petition for Allowance of Appeal from

the Order of the Commonwealth Court

ORDER

PER CURIAM

AND NOW , this 1 st day of August , 2018

, the Petition for Allowance of Appeal is

GRANTE D , LIMITED to Petitioner’s first issue is stated as follows:

(1) Whether the Commonwealth Court erred by holding that the Nutrient Management Act (“NMA”), 3 P.S., § 519, only preempts local ordinances as applied to farms that have an approved nutrient management plan and that small farms that are not required to submit nutrient management plans can be subjected t o more stringent regulation than large r more intensive agricultural operations th at are required to obtain approval of a nutrient
management plan under the Nutrient Management Act.

Allocatur is DENIED as to all remaining issues.

The ancillary applications for Leave to File Amicus Briefs filed by the

Commonwealth of Pennsylvania, O ffice of Attorney General, the Pennsylvania Farm

Bureau and the PennAg Industries Association are DENIED.
## MA**TERIA LS NOT INCLUDED IN** 

**AI RWORTHINESS DIRECTIVE (A**  **D) DOCKET**

**FAA -**  **2013 -**  **04 9**  **2** Docket Number
**2008 -**  **SW -**  **01 3**  **- AD**  Directorate Identifier Name/Description of Item(s) Not Included in DMS Docket and Maintained in the Supplemental AD Docket Bell Alert Se rvice Bulletin No. 230 - 05 - 33, dated June 10, 2005 .


### MA **Y BE VIEWED AT:** Federal Aviation Administration

Office of the Regional Counsel, Southwest Region Rules Docket 2601 Meacham Blvd., Room 663 Fort W orth, Texas 76137 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.