alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv4w01w1



 







Exhibit 4.01.1




OFFICERS’ CERTIFICATE

OF

TRINITY INDUSTRIES, INC.




     The undersigned, James Perry, does hereby certify that he is the Vice President and Treasurer
of Trinity Industries, Inc., a Delaware corporation (the “Company”), and the undersigned,
Chas Michel, does hereby certify that he is the Vice President, Controller and Chief Accounting
Officer of the Company, and pursuant to Section 12.2 of the Indenture (the “Indenture,”
with capitalized terms used in the Officers’ Certificate, as defined in the Indenture), between the
Company and Wells Fargo Bank, National Association, as Trustee (the “Trustee”), dated as of
June 7, 2006, relating to the Company’s 3 7/8% Convertible Subordinated Notes Due 2036 (the
“Notes”), do hereby certify that:



     1. On May 15, 2006 the Company declared a 3-for-2 stock split in the form of a stock dividend
(the “Stock Dividend”) to holders of record of the Company’s common stock (the “Common
Stock”) as of May 26, 2006. As a result of the Stock Dividend, each holder of two shares of
the Common Stock received one additional share of Common Stock as of the distribution date on June
9, 2006. The ex-dividend date for the Stock Dividend was June 12, 2006.



     2. The initial Conversion Rate was 12.7648 and the initial Conversion Price under the
Indenture was $78.34. Immediately after 9:00 a.m., New York City time, on June 13, 2006 (subject
to further adjustment as provided in the Indenture), the Conversion Rate is 19.1472 and the
Conversion Price is $52.23, calculated in accordance with Section 12.2(a) of the Indenture
(collectively, the “Conversion Rate Adjustment”).



     3. Such officers have read the provisions of the Indenture applicable to the Conversion Rate
Adjustment, including, without limitation, Section 12.2 thereof.



     4. The statements or opinions contained in this certificate are based on the undersigned’s
review of the Indenture and certain other corporate documents and records.



     5. We are of the opinion that we have made such examination or investigation as is necessary
to enable us to express an informed opinion that the Conversion Rate Adjustment is permitted by the
Indenture and whether or not the conditions precedent to Conversion Rate Adjustment have been
complied with.



     6. We are of the opinion that Conversion Rate Adjustment is permitted under the Indenture and
that upon mailing a notice thereof to the holders of the Notes in accordance with the Indenture,
all conditions precedent provided for in the Indenture relating to the Conversion Rate Adjustment
have been complied with.



*******




 









 








     IN WITNESS WHEREOF, the undersigned have executed this Officers’ Certificate as of this ___
day of June, 2006.



	 	 	 	 	 
	 

	 	/s/ James E. Perry	 	 
	 

	 	 	 	 
	 

	 	Name: James Perry	 	 
	 

	 	Title: Vice President and Treasurer	 	 
	 
	 	 	 	 
	 

	 	/s/ Chas Michel	 	 
	 

	 	 	 	 
	 

	 	Name: Chas Michel	 	 
	 

	 	Title: Vice President, Controller and Chief Accounting Officer
<PAGE>   1
                                                                    EXHIBIT 23.8

                       [SALOMON BROTHERS INC. LETTERHEAD]


                         CONSENT OF SALOMON BROTHERS INC

      We hereby consent to the use of the our name and to the description of our
opinion letters dated November 6, 1997, under the captions "THE FM/QFC
MERGER--Opinions of Fred Meyer Financial Advisors Regarding the FM/QFC Merger"
and "THE FM/FFL MERGER--Opinions of Fred Meyer Financial Advisors Regarding the
FM/FFL Merger", and to the inclusion of such opinion letters as Annexes C and F
to, the Joint Proxy and Consent Solicitation Statement/Prospectus of Fred Meyer,
Inc., which Joint Proxy and Consent Solicitation Statement/Prospectus is part of
the Registration Statement on Form S-4 of Fred Meyer, Inc. By giving such
consent we do not thereby admit that we are experts with respect to any part of
such Registration Statement within the meaning of the term "expert" as used in,
or that we come within the category of persons whose consent is required under,
the Securities Act of 1933, as amended, or the rules and regulations of the
Securities and Exchange Commission promulgated thereunder.

                                       SALOMON BROTHERS INC

                                       By:  WESLEY C. WALRAVEN
                                            -------------------------------

                                            Managing Director
OFFICE OF THE A-ITORNEY GENERAL OF TEXAS AUSTIN

liononblo H. L. Wa8hbura County Auditor EarA cautlty 85ll8toll,

Taxa 

### mar sir:

the 46th Leglalaoounty In thh state hariug a populationof not: leas than two hundred oinetythoumnd (390,000) not more than three humIre fifty-fire thousand (35S,OOO)aooordlng to the last preoodlag Federal Oem!ws, and all tuture Federal Camma.* seotion 3 0r the Aot deoiama an emtrgenay and provided that the not should t(llpII erteot rr0lr

**and** stt*r Its passage.

### 442

HonorableH. L. Washbtlsn, Faga 2

We are informedby your letter and by tha Comptroller*6office that Harrlr County had a population or three hundred fifty-ninethousand three hundred twmtp eight (359,328)inhabitant.8 according to the 1930 Federal census. n ‘e conetrue the above mentionedstatute to apply to all those oountleehaving a populationof not less than two hundred ninety thousand (290,000) or more than three hundred fifty-fivethoueand (3SS,OOO) aoaordlng to the la8t preoodlngFederal Census and all future FederalCanmu, and Harrla county does not oomo within the de8lgnatedpopulation bracket. Therefore,you are reapeOtrully advleed that it Is the opinion of thLs departmnt that Senate Bill Bo. 401, Acts ot the 40th Legislature, does not apply to Harrfs Colulty. Trusting that the foregoing fully answers your l.nqulw, we remain Yours very truly ATTOlWEY GW%W OF TEXAS

Ardell William6 Aasl8tant

ATTORNEYGENERALOF TEXAS
EXHIBIT 21.1Subsidiary of ColumbiaColumbia Bancorp’s only wholly-owned subsidiary as of December 31, 2007 was Columbia River Bank.
§ 182.1087 Sodium acid pyrophosphate. ( a ) *Product.* Sodium acid pyrophosphate.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing practice.
[No. 19314-1-II.

Division Two.

November 21, 1997.]

#### The State of Washington, *Respondent,*v. Manuel Ramone Marshall, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 25-7-75309-0, Nile E. Aubrey, J., entered March 1, 1995. *Affirmed*by unpublished opinion per Seinfeld, J., concurred in by Morgan and Hunt, JJ.
EXHIBIT 32

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

In connection with the Quarterly Report of CirTran Corporation on Form 10-QSB
for the period ending September 30, 2004, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), Iehab Hawatmeh, President
and Chief Financial Officer of the Company, certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

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

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

November 18, 2004

                             /s/ Iehab J. Hawatmeh
                             ----------------------------------------
                             Iehab J. Hawatmeh
                             President and Chief Financial Officer
§ 211.105 Equipment identification. ( a ) All compounding and storage containers, processing lines, and major equipment used during the production of a batch of a drug product shall be properly identified at all times to indicate their contents and, when necessary, the phase of processing of the batch.
( b ) Major equipment shall be identified by a distinctive identification number or code that shall be recorded in the batch production record to show the specific equipment used in the manufacture of each batch of a drug product. In cases where only one of a particular type of equipment exists in a manufacturing facility, the name of the equipment may be used in lieu of a distinctive identification number or code.
Editorial Note on Part 189
Editorial Note: Nomenclature changes to part 189 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 70 FR 40880, July 15, 2005; and 70 FR 67651, Nov. 8, 2005.

§ 189.180 Safrole. ( a ) Safrole is the chemical 4-allyl-1,2-methylenedioxy-benzene, C10H10O2. It is a natural constituent of the sassafras plant. Oil of sassafras is about 80 percent safrole. Isosafrole and dihydrosafrole are derivatives of safrole, and have been used as flavoring compounds.
( b ) Food containing any added safrole, oil of sassafras, isosafrole, or dihydrosafrole, as such, or food containing any safrole, oil of sassafras, isosafrole, or dihydrosafrole, e.g., sassafras bark, which is intended solely or primarily as a vehicle for imparting such substances to another food, e.g., sassafras tea, is deemed to be adulterated in violation of the act based upon an order published in the Federal Register of December 3, 1960 (25 FR 12412).
( c ) The analytical method used for detecting safrole, isosafrole and dihydrosafrole is in the “Journal of the Association of Official Analytical Chemists,” Volume 54 (Number 4), pages 900 to 902, July 1971, which is incorporated by reference. Copies are available from the Office of Food Additive Safety (HFS-200), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1200, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
[42 FR 14659, Mar. 15, 1977, as amended at 42 FR 56729, Oct. 28, 1977; 47 FR 11855, Mar. 19, 1982; 54 FR 24900, June 12, 1989; 78 FR 14667, Mar. 7, 2013; 81 FR 49897, July 29, 2016]
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of National Medical Health Card Systems, Inc. (the “Company”) onForm 10-Q for the period ended December 31, 2006 (the “Report”), I, James F. Smith, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, to my knowledge: 

(1) the Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and 

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

 

James F. Smith 

President and Chief Executive Officer (Principal Executive Officer) 

Date: May 3, 2007 

This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required bysuch Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Such certification will not be deemed to be incorporated by reference into any filing underthe Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-20288

Summary Calendar

RONALD CHARLES WASHINGTON,

Petitioner - Appellant

v.

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL 

JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent - Appellee

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:18-CV-95

Before BARKSDALE, HAYNES and HO, Circuit Judges. 

PER CURIAM:*

Ronald Charles Washington, Texas prisoner # 1839046, appeals pro se

the district court’s order denying several motions filed in connection with a 

case characterized by the court as a 28 U.S.C. § 2254 proceeding. The district 

court’s order did not dispose of the case.

 

* Pursuant to 5th Cir. 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 5th Cir. 

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 9, 2019

Lyle W. Cayce

Clerk

 Case: 18-20288 Document: 00515026402 Page: 1 Date Filed: 07/09/2019
No. 18-20288

2

Federal appellate courts may only exercise jurisdiction over appeals from 

(1) final orders pursuant to 28 U.S.C. § 1291; (2) orders deemed final due to a 

jurisprudential exception, such as the collateral-order doctrine; 

(3) interlocutory orders specified in 28 U.S.C. § 1292(a); and (4) interlocutory 

orders properly certified for appeal by the district court pursuant to Federal 

Rule of Civil Procedure 54(b) or § 1292(b). Dardar v. Lafourche Realty Co., 849 

F.2d 955, 957 (5th Cir. 1988).

In this instance, the district court has not entered a final judgment, has 

not made an interlocutory order specified in § 1292(a), and has not certified an 

interlocutory order for appeal. See Martin v. Halliburton, 618 F.3d 476, 481 

(5th Cir. 2010); § 1292(a), (b). Furthermore, the court’s stay order is not a 

collaterally-appealable order. See Grace v. Vannoy, 826 F.3d 813, 815–21 (5th 

Cir. 2016).

To the extent Washington challenges the court’s order characterizing his 

“Rule 60(b)” motion as a § 2254 application, the notice of appeal was filed more 

than 30 days after the order. See Fed. R. App. Proc. 4(a)(1)(A) (30-day time 

period to file notice of appeal in civil case). Therefore, we do not have 

jurisdiction to review a challenge to the order characterizing the motion as a 

§ 2254 application, even if it were considered a final judgment. See Bowles v. 

Russell, 551 U.S. 205, 214 (2007).

DISMISSED.

 Case: 18-20288 Document: 00515026402 Page: 2 Date Filed: 07/09/2019
§ 708.35 Review by the Secretary of Energy of an appeal decision. ( a ) By the 30th day after receiving an appeal decision from the OHA Director, any party may file a petition for Secretarial review with the Office of Hearings and Appeals.
( b ) By the 15th day after filing a petition for Secretarial review, the petitioner must file a statement identifying the issues that it wishes the Secretary to consider. A copy of the statement must be served on the other parties, who may file a response by the 20th day after receipt of the statement. Any response must also be served on the other parties.
( c ) All submissions permitted under this section must be filed with the Office of Hearings and Appeals.
( d ) The Secretary (or his designee) will reverse or revise an appeal decision by the OHA Director only under extraordinary circumstances. In the event the Secretary determines that a revision in the appeal decision is appropriate, the Secretary will direct the OHA Director to issue a revised decision which is the final agency action on the complaint. In the event the Secretary determines to reverse an appeal decision dismissing the complaint, the Secretary may, as appropriate, direct the OHA Director to issue a revised decision ordering further processing of the complaint. If no further processing is ordered, the Secretary's decision is the final agency action on the complaint.
[No. 16342-3-III.

Division Three.

December 2, 1997.]

#### Ronald E. Long, et al., *Appellants,*v. The Town of Naches, *Respondent.*

Appeal from a judgment of the Superior Court for Yakima County, No. 95-2-01663-3, Susan L. Hahn, J., entered December 5, 1996. *Affirmed in part*and *reversed in part*by unpublished opinion per Schultheis, J., concurred in by Sweeney, C.J., and Thompson, J. Pro Tern.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         344,558
<SECURITIES>                                         0
<RECEIVABLES>                                  418,266
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      22,865,609
<DEPRECIATION>                              12,452,434
<TOTAL-ASSETS>                              25,812,536
<CURRENT-LIABILITIES>                        1,878,335
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                 (6,105,800)
<TOTAL-LIABILITY-AND-EQUITY>                25,812,536
<SALES>                                      6,513,941
<TOTAL-REVENUES>                             6,513,941
<CGS>                                                0
<TOTAL-COSTS>                                6,368,301
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,276,449
<INCOME-PRETAX>                              1,129,759
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,129,759
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 942 Introduced in House (IH)]

109th CONGRESS
  2d Session
H. RES. 942

   Recognizing the centennial anniversary on August 5, 2006, of the 
                     Iranian constitution of 1906.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2006

Mr. King of Iowa submitted the following resolution; which was referred 
              to the Committee on International Relations

_______________________________________________________________________

                               RESOLUTION

 
   Recognizing the centennial anniversary on August 5, 2006, of the 
                     Iranian constitution of 1906.

Whereas in 1906, one hundred years ago, the people of Iran rose in a peaceful 
        democratic revolution against arbitrary, despotic rulers;
Whereas the people of Iran chose to confront these rulers with peaceful 
        assemblies of thousands of people in the public spaces of Iran until 
        these rulers received their demands;
Whereas these rulers bowed to the wishes of the people on August 5, 1906, and 
        issued a decree for the convocation of a freely elected assembly, the 
        Majles, to write a democratic constitution;
Whereas the Iranian constitution, written pursuant to the decree of 1906, was a 
        democratic instrument providing for--

    (1) the establishment of an independent judiciary;

    (2) the establishment of an independent legislature with members 
directly elected by the people;

    (3) socio-political progress, including the separation of religion from 
the affairs of government; and

    (4) the commitment of the government to the territorial integrity of 
Iran;

Whereas the maneuvering of the imperial powers and a fundamentalist clergy 
        crushed the democratic aspirations represented in the constitution of 
        1906;
Whereas the Iranian constitution of 1906 has nevertheless remained in the 
        forefront of the aspirations of the Iranian people throughout decades of 
        a long struggle towards progress, civil society, and democracy;
Whereas those ideals were abolished by the clerical-led dictatorship of the 
        Ayatollahs in 1979; and
Whereas August 5, 2006, would be an appropriate day to recognize the centennial 
        anniversary of the Iranian constitution of 1906: Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) recognizes the centennial anniversary of the Iranian 
        constitution of 1906;
            (2) is mindful of the democratic revolution of 1906 that 
        lead to the drafting of the Iranian constitution; and
            (3) expresses its profound hope that the people of Iran 
        will once again enjoy a democratic government in the spirit of 
        the Iranian constitution of 1906.
                                 <all>
```
Editorial Note on Part 172
Editorial Note: Nomenclature changes to part 172 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; 70 FR 72074, Dec. 1, 2005; and 81 FR 49896, July 29, 2016.

§ 172.824 Sodium mono- and dimethyl naphthalene sulfonates. The food additive sodium mono- and dimethyl naphthalene sulfonates may be safely used in accordance with the following prescribed conditions: ( a ) The additive has a molecular weight range of 245-260.
( b ) The additive is used or intended for use: ( 1 ) In the crystallization of sodium carbonate in an amount not to exceed 250 parts per million of the sodium carbonate. Such sodium carbonate is used or intended for use in potable water systems to reduce hardness and aid in sedimentation and coagulation by raising the pH for the efficient utilization of other coagulation materials.
( 2 ) As an anticaking agent in sodium nitrite at a level not in excess of 0.1 percent by weight thereof for authorized uses in cured fish and meat.
( c ) In addition to the general labeling requirements of the Act: ( 1 ) Sodium carbonate produced in accordance with paragraph (b)(1) of this section shall be labeled to show the presence of the additive and its label or labeling shall bear adequate directions for use.
( 2 ) Sodium nitrite produced in accordance with paragraph (b)(2) of this section shall bear the labeling required by § 172.175 and a statement declaring the presence of sodium mono- and dimethyl naphthalene sulfonates.
[42 FR 14491, Mar. 15, 1977, as amended at 63 FR 7069, Feb. 12, 1998]
Editorial Note on Part 173
Editorial Note: Nomenclature changes to part 173 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; and 81 FR 49896, July 29, 2016.

§ 173.120 Carbohydrase and cellulase derived from *Aspergillus niger.* Carbohydrase and cellulase enzyme preparation derived from *Aspergillus niger* may be safely used in food in accordance with the following prescribed conditions: ( a ) *Aspergillus niger* is classified as follows: Class, Deuteromycetes; order, Moniliales; family, Moniliaceae; genus, *Aspergillus;* species, *niger.*
( b ) The strain of *Aspergillus niger* is nonpathogenic and nontoxic in man or other animals.
( c ) The additive is produced by a process that completely removes the organism *Aspergillus niger* from the carbohydrase and cellulase enzyme product.
( d ) The additive is used or intended for use as follows: ( 1 ) For removal of visceral mass (bellies) in clam processing.
( 2 ) As an aid in the removal of the shell from the edible tissue in shrimp processing.
( e ) The additive is used in an amount not in excess of the minimum required to produce its intended effect.