alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 230.163A Exemption from section 5(c) of the Act for certain communications made by or on behalf of issuers more than 30 days before a registration statement is filed. Preliminary Note to § 230.163A .
Attempted compliance with this section does not act as an exclusive election and the issuer also may claim the availability of any other applicable exemption or exclusion. Reliance on this section does not affect the availability of any other exemption or exclusion from the requirements of section 5 of the Act.
( a ) Except as excluded pursuant to paragraph (b) of this section, in all registered offerings by issuers, any communication made by or on behalf of an issuer more than 30 days before the date of the filing of the registration statement that does not reference a securities offering that is or will be the subject of a registration statement shall not constitute an offer to sell, offer for sale, or offer to buy the securities being offered under the registration statement for purposes of section 5(c) of the Act, provided that the issuer takes reasonable steps within its control to prevent further distribution or publication of such communication during the 30 days immediately preceding the date of filing the registration statement.
( b ) The exemption in paragraph (a) of this section shall not be available with respect to the following communications: ( 1 ) Communications relating to business combination transactions that are subject to Rule 165 (§ 230.165) or Rule 166 (§ 230.166);
( 2 ) Communications made in connection with offerings registered on Form S-8 (§ 239.16b of this chapter), other than by well-known seasoned issuers;
( 3 ) Communications in offerings of securities of an issuer that is, or during the past three years was (or any of whose predecessors during the last three years was): ( i ) A blank check company as defined in Rule 419(a)(2) (§ 230.419(a)(2));
( ii ) A shell company, other than a business combination related shell company, each as defined in Rule 405 (§ 230.405); or
( iii ) An issuer for an offering of penny stock as defined in Rule 3a51-1 of the Securities Exchange Act of 1934 (§ 240.3a51-1 of this chapter); or
( 4 ) Communications made by an issuer that is an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 *et seq.*), other than a registered closed-end investment company.
( c ) For purposes of this section, a communication is made by or on behalf of an issuer if the issuer or an agent or representative of the issuer, other than an offering participant who is an underwriter or dealer, authorizes or approves the communication before it is made.
( d ) A communication exempt from section 5(c) of the Act pursuant to this section will not be considered to be in connection with a securities offering registered under the Securities Act for purposes of Rule 100(b)(2)(iv) of Regulation FD under the Securities Exchange Act of 1934 (§ 243.100(b)(2)(iv) of this chapter).
[70 FR 44806, Aug. 3, 2005, as amended at 85 FR 33352, June 1, 2020]
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.12d1-5 Operation of certification on subsequent amendments.

If an amendment to the application for registration of a security is filed with the exchange and with the Commission after the receipt by the Commission of the certification of the exchange approving the security for listing and registration, the certification, unless withdrawn, shall be deemed made with reference to the application as amended.

(Sec. 12, 48 Stat. 892, as amended; 15 U.S.C. 78*l*)
Exhibit 32.2

Certification of the Chief Financial Officer

Pursuant to 18 U.S.C. Section 1350

As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Inergy Holdings, L.P. (the Company) on Form 10-Q for the period ended June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, R. Brooks Sherman, Jr., Chief Financial Officer of Inergy Holdings, L.P., certify, pursuant to 18 U.S.C. § 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ R. Brooks Sherman, Jr.R. Brooks Sherman, Jr. Chief Financial OfficerAugust 4, 2009


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.



47
#### In the Matter of Kenneth C. Vidal, Appellant, v Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Respondents.

[820 NYS2d 300]

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated September 13, 2004, denying the petitioner’s application for accident disability retirement benefits pursuant to the Administrative Code of the City of New York § 13-353, the petitioner appeals from a judgment of the Supreme Court, Kings County (Douglass, J.), dated February 10, 2005, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The issue of whether a firefighter is disabled is determined by the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board). “The determination of the Medical Board is conclusive if it is supported by some credible evidence and is not irrational” *(Matter of Rodriguez v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*3 AD3d 501 [2004]; *see Matter of Hession v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*23 AD3d 468 [2005]; *Matter of Kuczinski v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*8 AD3d 283, 284 [2004]). Credible evidence is “evidence that proceeds from a credible source and reasonably tends to support the proposition for which it is offered” *(Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*90 NY2d 139, 147 [1997]). In this case, the determination of the Medical Board that the petitioner’s injuries did not constitute a disability that would preclude the petitioner from performing full duty as a firefighter is supported by credible evidence and is not irrational. Thus, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, properly upheld the Medical Board’s recommendation *(see Matter of Borenstein v New York City Employees’ Retirement Sys.,*88 NY2d 756, 760-761 [1996]), and the Supreme Court properly denied the petition. Crane, J.P., Mastro, Skelos and Dillon, JJ., concur.
EXHIBIT 31.1
 Certification
  1.
    
    I have reviewed this quarterly report on Form 10-Q of TranS1 Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and we have:
     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 functions):
    /s/ Richard RandallRichard RandallPresident and Chief Executive Officer 20
### §14135d. Transferred

#### **Editorial Notes**

#### Codification

Section 14135d was editorially reclassified as section 40705 of Title 34, Crime Control and Law Enforcement.
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.0-1 Availability of forms.

(a) This part identifies and describes the forms prescribed for use under the Securities Exchange Act of 1934.

(b) Any person may obtain a copy of any form prescribed for use in this part by written request to the Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549. Any person may inspect the forms at this address and at the Commission's regional offices. (*See* § 200.11 of this chapter for the addresses of SEC regional offices).

[46 FR 17757, Mar. 20, 1981, as amended at 47 FR 26820, June 22, 1982; 59 FR 5946, Feb. 9, 1994; 73 FR 979, Jan. 4, 2008]

###### Editorial Note on Subpart C of Part 249

#### Editorial Note:

Amended Form 8-A replaces former Form 8-C; see § 249.208a of this chapter.
### §1959i. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 95–84, §2, Aug. 2, 1977, 91 Stat. 400, which related to desalting plants, was transferred to section 7836 of this title.
§ 230.135d Communications involving security-based swaps. ( a ) For the purposes only of Section 5 of the Act (15 U.S.C. 77e), the publication or distribution of quotes relating to security-based swaps that may be purchased only by persons who are eligible contract participants (as defined in Section 1a(18) of the Commodity Exchange Act (7 U.S.C. 1a(18))) and are traded or processed on or through a trading system or platform that either is registered as a national securities exchange under Section 6(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)) or as a security-based swap execution facility under Section 3D(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c-4(a)), or is exempt from registration as a security-based swap execution facility under Section 3D(a) of the Securities Exchange Act of 1934 pursuant to a rule, regulation, or order of the Commission shall not be deemed to constitute an offer, an offer to sell, or a solicitation of an offer to buy or purchase any security-based swap or any guarantee of such security-based swap that is a security; and
( b ) For the purposes only of Section 5 of the Act (15 U.S.C. 77e), a broker, dealer, or security-based swap dealer's publication or distribution of a research report (as defined in § 230.139(d)) that discusses security-based swaps that may be purchased only by persons who are eligible contract participants (as defined in Section 1a(18) of the Commodity Exchange Act (7 U.S.C. 1a(18))) shall not be deemed to constitute an offer, an offer to sell, or a solicitation of an offer to buy or purchase any security-based swap or any guarantee of such security-based swap that is a security, provided that the broker, dealer, or security-based swap dealer publishes or distributes research reports on the issuer underlying the security-based swap or its securities in the regular course of its business and the publication or distribution of the research report does not represent the initiation of publication of research reports about such issuer or its securities or the reinitiation of such publication following discontinuation of publication of such research reports. For purposes of this section, the term *issuer* as used in the definition of “research report” means the issuer of any security or loan referenced in the security-based swap, each issuer of a security in a narrow-based security index referenced in the security-based swap, or each issuer referenced in the security-based swap.
[83 FR 2056, Jan. 16, 2018]
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 the Interior Fish and Wildlife Service
 AGENCY: Fish and Wildlife Service, Interior.
 ACTION: Notice of issuance of permits for endangered species and/or marine mammals.
 SUMMARY: The following permits were issued.
 ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281.
 FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104.


SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, 
                    *et seq.*), and/or the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361, 
                    *et seq.*), the Fish and Wildlife Service issued the requested permit(s) subject to certain conditions set forth therein. For each permit for an endangered species, the Service found that (1) the application was filed in good faith, (2) the granted permit would not operate to the disadvantage of the endangered species, and (3) the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Endangered Species Permit No.
Applicant
Receipt of application 
                            **Federal Register**
                             notice
Permit issuance date063771
Feld Entertainment
69 FR 54150, September 7, 2004
10/25/2004088351
Feld Entertainment
69 FR 54150, September 7, 2004
10/25/2004090113
Lincoln Park Zoological
69 FR 55446, September 14, 2004
10/22/2004090216
Univ. of Tennessee
69 FR 55446, September 14, 2004
10/27/2004
 Endangered Marine Mammals and Marine Mammals 
                    ( print page 68968) Permit No.
Applicant
Receipt of application 
                            **Federal Register**
                             notice
Permit issuance date091775
Joseph A. Tice
69 FR 54149; September 7, 2004
11/01/2004
 Dated: November 12, 2004. Michael L. Carpenter, Senior Biologist, Branch of Permits, Division of Management Authority.


[FR Doc. 04-26128 Filed 11-24-04; 8:45 am] BILLING CODE 4310-55-P
#### § 141.10 Statute of limitations.

If a debt has been outstanding for more than 10 years after the agency's right to collect the debt first accrued, the agency may not collect by salary offset unless facts material to the Government's right to collect were not known and could not reasonably have been known by the official or officials who were charged with the responsibility for discovery and collection of such debts.
#### § 270.22d-2 Exemption from section 22(d) for certain registered separate accounts.

A registered separate account, any principal underwriter for such account, any dealer in contracts or units of interest or participations in such contracts issued by such account and any insurance company maintaining such account shall, with respect to any variable annuity contracts, units, or participations therein issued by such account, be exempted from section 22(d) to the extent necessary to permit the sale of such contracts, units or participations by such persons at prices which reflect variations in the sales load or in any administrative charge or other deductions from the purchase payments; *Provided, however,* That (a) the prospectus discloses as precisely as possible the amount of the variations and the circumstances, if any, in which such variations shall be available or describes the basis for such variations and the manner in which entitlement shall be determined, and (b) any such variations reflect differences in costs or services and are not unfairly discriminatory against any person.

(Secs. 6(c) (15 U.S.C. 80a-6(c)) and 38(a) (15 U.S.C. 80a-37(a)))

[40 FR 33970, Aug. 13, 1975. Redesignated at 50 FR 7911, Feb. 27, 1985]
ARTICLES OF AMENDMENT


OF THE


ARTICLES OF INCORPORATION


OF


ALL AMERICAN GROUP,  INC.





The undersigned officer of All American Group, Inc. (hereinafter referred to as the “Corporation”) existing pursuant to the provisions of the Indiana Business Corporation Law, as amended, (hereinafter referred to as the “Law”), desiring to give notice of corporate action effectuating amendment of certain provisions of its Articles of Incorporation, certifies the following facts:





SECTION 1:                                The date of incorporation of the Corporation is December 31, 1964.





SECTION 2:                                The name of the Corporation following this amendment to the Articles of Incorporation is “All American Group, Inc.”





ARTICLE I


Amendments





SECTION 1:                                Article V of the Articles of Incorporation is hereby amended to read in its entirety as follows:





“The total number of shares which the corporation shall have the authority to issue is One Hundred Million (100,000,000) shares of Common Stock, without par value.”











ARTICLE II


Date of Adoption





The amendments were adopted on September 28, 2010.











ARTICLE III


Manner of Adoption and Vote





The shareholders of the Corporation entitled to vote in respect to the amendments adopted the proposed amendment. The amendment was adopted by a vote of such shareholders during a meeting called by the Board of Directors. The result of such vote is as follows:





Class
CommonShares entitled to vote
36,745,230Number of shares represented at the meeting
34,170,690Shares voted in favor
28,003,757Shares voted against
6,162,184











ARTICLE IV


Compliance with Legal Requirements





The manner of adoption of these Articles of Amendment and the vote by which they were adopted constitute full legal compliance with the provisions of the Act, the Articles of  Incorporation, and the By-Laws of the Corporation.





I hereby verify, subject to the penalties of perjury, that the statements included herein are true, this 28th day September, 2010.





All American Group, Inc.








/s/ Richard M. Lavers___


Richard M. Lavers


President and Chief Executive Officer





1281554.1
**Exhibit 32.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED (Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)**

 

JackB. Buchold certifies as follows:

 

3.     I am the Chief Financial Officer of The BankHoldings.

 

4.     The Form 10-Q of The Bank Holdings forthe Quarter Ended June 30, 2008 fully complies with the requirements ofsection 13(a) of the Securities Exchange Act of 1934 and the informationcontained in the report on Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of The BankHoldings.

 

 
| Date:  | August 8,  2008    |   | /s/ Jack B. Buchold |
|--------|-------------------------|--------|---------------------|
|   | THE BANK HOLDINGS       |
|   | Jack B. Buchold         |
|   | Chief Financial Officer |

 

----
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-30742 Conference Calendar

BLAKE BOURGEOIS; SAMUEL CARCISSE; DATHRONE CHAPMAN; DARRELL DUNN; HERBERT FRANCOIS; LAWRENCE GAINES; CARDELL HAYNES; KEITH J. HICKS; GERALD HILTON; REGGIE HOLLAND; ROBERT MUSE, JR.; ANDREW NORTH; JOHNEL PETERS; KEVIN PETERSON; JOE SPRIGGS; OSCAR VICKNAIR, JR.; DARRYL WEST, JR.; MARK W. WHEAT; ALL PLAINTIFFS, Plaintiffs-Appellants,

versus

JEFFREY P. WILEY; HAROLD TRIDICO; BOBBY WEBRE; JOHN KAIGLER; CEDRICK SMITH, also known as Sedrick Smith; NFN JULES, Sergeant; CHRIS HAGAN, also known as Christopher Hagan; PAT OURSO, also known as Pat Ohsso; NFN TOMPLATE; LUICIEN DORTHWAITE, also known as Officer Lucien; SUE MARTIN, also known as Sergeant Sue, also known as Sue Correctional Worker; NFN ROSEVILLE, Officer; NFN BUGGAGE, Mr., also known as W. Buggage; BILLY BIRD, also known as Billy Byrd; NFN DIXON, Mr., also known as Kennith Dixon, also known as Kenneth Dixon; ROOSEVELT THOMPSON, also known as Deputy Roosevelt; NFN COLLINS, Deputy; ROOSEVELT HAMPTON; ALL DEFENDANTS, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana

USDC No. 97-CV-431

- - - - - - - - - - June 17, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM: *No. 98-30742 -2-

except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. On June 11, 1998, the magistrate judge entered an order granting the motion for summary judgment filed by 13 of the above-captioned defendants. Several other defendants did not join the summary-judgment motion. When an action involves multiple parties or multiple claims, any decision that adjudicates the liability of fewer than all the parties or disposes of fewer than all the claims does not terminate the litigation and is not appealable unless certified under F ED . R. C IV . P. 54(b). See Thompson v. Betts , 754 F.2d 1243, 1245 (5th Cir. 1985). The magistrate judge has not certified the June 11, 1998, order in accordance with Rule 54(b). Accordingly, we are without jurisdiction.
APPEAL DISMISSED.