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


REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND


SECTION 1350 OF CHAPTER 63 OF TITLE 18


OF THE UNITED STATES CODE




Gildan Activewear Inc. (the “Corporation”) is filing its annual report on Form 40-F for the fiscal year ended October 5, 2014 (the “Report”) with the United States Securities and Exchange Commission.




I, Glenn J. Chamandy, President and Chief Executive Officer of the Corporation, certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:




1.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the U.S. 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 Corporation.




Dated: December 9, 2014







/s/ Glenn J. Chamandy


Name:         Glenn J. Chamandy


Title:           President and Chief Executive Officer





CERTIFICATION


REQUIRED BY RULE 13a-14(b) OR RULE 15d-14(b) AND


SECTION 1350 OF CHAPTER 63 OF TITLE 18


OF THE UNITED STATES CODE




Gildan Activewear Inc. (the “Corporation”) is filing its annual report on Form 40-F for the fiscal year ended October 5, 2014 (the “Report”) with the United States Securities and Exchange Commission.




I, Laurence G. Sellyn, Executive Vice-President, Chief Financial and Administrative Officer of the Corporation, certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:




1.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the U.S. 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 Corporation.




Dated: December 9, 2014







/s/ Laurence G. Sellyn


Name:     Laurence G. Sellyn


Title:
Executive Vice-President,

Chief Financial and Administrative Officer
Exhibit 10.03





Exhibit 10.03


Description of Retention
Arrangements with Jill S. Braff, Alessandro Galvagni and Eric R. Ludwig


On July 6,
2009, our board of directors approved retention arrangements for Jill S. Braff,
our former Senior Vice President of Global Publishing, Alessandro Galvagni, our
Senior Vice President of Global Product Development and Chief Technology
Officer, and Eric R. Ludwig, our Senior Vice President and Chief Financial
Officer. Pursuant to the retention arrangements, in the event that the
employment with Glu of Ms. Braff, Mr. Galvagni or Mr. Ludwig is
terminated by us without Cause or as the result of an Involuntary Termination
(such terms as defined in those certain Change of Control Severance Agreements,
each dated as of October 10, 2008, by and between each of Ms. Braff,
Mr. Galvagni and Mr. Ludwig and us (the “Executive COC
Agreements”)) prior to June 30, 2010, the terminated executive would
receive an amount equal to six months of his or her annualized base salary plus
50% of what his or her bonus would have been for the year in which he or she is
terminated once such bonus amount is determined subsequent to the end of such
year. With respect to the bonus payment described in the preceding sentence, in
the event such termination occurs after December 31, 2009 but prior to our
payment of bonuses earned for 2009 performance, the terminated executive would
receive his or her full 2009 bonus plus 50% of what his or her bonus would have
been for 2010 once such bonus amount is determined.


In the event that
Glu is subject to a Change of Control (as defined in the Executive COC
Agreements) prior to June 30, 2010, each of Ms. Braff, Mr. Galvagni
and Mr. Ludwig will be entitled to the severance benefits set forth in his
or her Executive COC Agreement rather than the payments described in the
preceding paragraph.


Our Board also
granted each of Ms. Braff, Mr. Galvagni and Mr. Ludwig an option
to purchase 60,000 shares of our common stock, with 50% of the shares subject
to the option vesting on the date that a new Chief Executive Officer joins Glu
(the “Start Date”) and the remaining 50% of the underlying shares
vesting on the six-month anniversary of the Start Date.


Ms. Braff
voluntarily terminated her employment with Glu, effective as of October 9,
2009 and prior to the Start Date, and, as a result, is not eligible to receive
the cash awards described above, and her option did not vest and was terminated.
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                               0
<SECURITIES>                                     3,797
<RECEIVABLES>                                   40,369
<ALLOWANCES>                                     6,101
<INVENTORY>                                     24,582
<CURRENT-ASSETS>                               156,880
<PP&E>                                          34,988
<DEPRECIATION>                                  24,560
<TOTAL-ASSETS>                                 404,532
<CURRENT-LIABILITIES>                          101,095
<BONDS>                                         74,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           246
<OTHER-SE>                                     156,024
<TOTAL-LIABILITY-AND-EQUITY>                   404,532
<SALES>                                         73,103
<TOTAL-REVENUES>                                73,103
<CGS>                                           66,869
<TOTAL-COSTS>                                   79,417
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,888
<INCOME-PRETAX>                                 (8,707)
<INCOME-TAX>                                    (2,472)
<INCOME-CONTINUING>                             (6,235)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (6,235)
<EPS-BASIC>                                      (0.26)
<EPS-DILUTED>                                    (0.26)



</TABLE>
**Exhibit32**

 

 

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

 

 

In connection with the Annual Report ofComposite Solutions, Inc. (“Company”) on Form 10-KSB for the period endingSeptember 30, 2003 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), the undersigned Chairman of the Board ofDirectors of the Company hereby certifies, pursuant to §906 of theSarbanes-Oxley Act of 2002, that based on his knowledge:  1) the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934, and 2) the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany as of and for the periods covered in the Report.

 

 
| /s/ *Gilbert A. Hegemier*         |   |
|-----------------------------------|--------|
| Dr. Gilbert A. Hegemier, Chairman |
|                              |
| January 14, 2004             |

 

1

----
#### Walter J. Fahy et al., Copartners under the Firm Name of Walter J. Fahy & Company, Respondents, *v.*Irving Trust Company, Appellant.

(Argued June 3, 1936;

decided July 8, 1936.)

*477
      *William A, Onderdonk, Grant W. Van Saun*and *Paul E. Mead*for appellant.

*Harold W. Bissell*and *Theodore Kiendl*for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch, J„ Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.
Exhibit 10.5

COST PLUS, INC.

SECOND AMENDED AND RESTATED EMPLOYMENT SEVERANCE

AGREEMENT

This Second Amended and Restated Employment Severance Agreement (the Amendment) is made and entered into effective
June 24, 2010 (the Effective Date), by and between Carrie F. Crooker (the Executive) and Cost Plus, Inc. (the Company).

WHEREAS, the Parties entered into an Amended and Restated Employment Severance Agreement (the Agreement) dated
April 1, 2009; and

WHEREAS, the Parties desire to amend certain provisions of the Agreement.

NOW, THEREFORE, for good and valuable consideration, the Parties agree that the Agreement is hereby amended as follows:

1. Term and Termination. Section 10 of the Agreement will be amended and restated as follows:

Term and Termination. This Agreement shall terminate on June 15, 2012; provided, however, in the event of a Change of
Control that occurs during the one (1) year period preceding June 15, 2012, the term of this Agreement will extend through the one (1)-year anniversary of such Change of Control. Notwithstanding the foregoing, if the Executive becomes
entitled to benefits pursuant to Section 3(a) or 3(b) of this Agreement, this Agreement will not terminate until, but will terminate at, such time that all of the obligations of the parties hereto with respect to this Agreement have been
satisfied.

2. Full Force and Effect. To the extent not expressly amended hereby, the Agreement shall remain in
full force and effect.

3. Entire Agreement. This Amendment and the Agreement constitute the full and entire
understanding and agreement between the Parties with regard to the subjects hereof and thereof. This Amendment may be amended at any time only by mutual written agreement of the Parties.

4. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one instrument, and each
of which may be executed by less than all of the parties to this Amendment.

5. Governing Law. This Amendment will be
governed by the laws of the State of California (with the exception of its conflict of laws provisions).

[Signature page
follows]



---

IN WITNESS WHEREOF, each of the Parties has executed this Amendment, in the case of
the Company by its duly authorized officer, as of the date set forth above.



|                                          |  |  |  |                      
|----------------------------------------- |  |  |  | ---------------------
|COST PLUS, INC.                           |  |  |  | EXECUTIVE            
|                                          |  | 
|/s/ Joan S. Fujii                         |  |  |  | /s/ Carrie F. Crooker
|Signature                                 |  |  |  | Signature            
|                                          |  | 
|Joan S. Fujii                             |  |  |  | Carrie F. Crooker    
|Print Name                                |  |  |  | Print Name           
|                                          |  | 
|Executive Vice President, Human Resources |  |  |  |                      
|Title                                     |  |  |  |                      



-2-
EXHIBIT 31.1
**CERTIFICATION**
I, Stephen H. Clark, as Chief Executive Officer, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of SpectraSite,Inc.;
     2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
     3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report;
     4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
     (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
     (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions aboutthe effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and
     (c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in thecase of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control overfinancial reporting; and
     5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
     (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and
     (b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.
April 21, 2004        /s/ STEPHEN H. CLARK           Stephen H. Clark     *Chief Executive Officer*    
50
#### The People of the State of New York, Respondent, *v.*Peter La Pella, Appellant.

(Argued October 14, 1936;

decided November 24, 1936.)

*82
      *George J. Todaro*for appellant.

*William Copeland Dodge, District Attorney (Ambrose J. Delehanty*of counsel), for respondent.

*Per Curiam.*

Defendant has been convicted of the crime of having and carrying a firearm concealed upon his person, without a license therefor, after having been convicted of a crime. (Penal Law, § 1897, subd. 5.) He offered evidence that, having found the weapon in a public toilet room, he had put it in his pocket, intending to deliver it to the police, after keeping an appointment with his wife at a nearby street corner. Without request or *83suggestion, the weapon was there surrendered by the defendant to a detective. This, the defendant says, was twenty minutes after he had found it.

The sole question here presented is that raised by the refusal of the trial court to instruct the jury, *“*that if this defendant found this pistol as claimed by him, and if he thereafter took this gun for the purpose of delivering it to an officer or to a police station, that he was performing a civic duty, and that such possession was -not the possession intended by Section 1897.” We think this ruling was error. The *“*possession ” forbidden by the statute *“*should not be construed to mean a possession * * * which might result temporarily and incidentally from the performance of some lawful act ” *(People*v. *Per see,*204 N. Y. 397, 402), particularly when, as is here claimed, the act was designed to meet the social policy of the law.

The judgments should be reversed and a new trial ordered.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ., concur; Crouch, J., taking no part.

Judgments reversed, etc.
§ 29.603 Materials. The suitability and durability of materials used for parts, the failure of which could adversely affect safety, must— ( a ) Be established on the basis of experience or tests;
( b ) Meet approved specifications that ensure their having the strength and other properties assumed in the design data; and
( c ) Take into account the effects of environmental conditions, such as temperature and humidity, expected in service.
(Secs. 313(a), 601, 603, 604, and 605 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424), and sec. 6(c), Dept. of Transportation Act (49 U.S.C. 1655(c)))
[Doc. No. 5084, 29 FR 16150, Dec. 3, 1964, as amended by Amdt. 29-12, 41 FR 55471, Dec. 20, 1976; Amdt. 29-17, 43 FR 50599, Oct. 30, 1978]
630 A.2d 722

#### ACADEMY OF AMERICAN FRANCISCAN HISTORY, INC. v. Robert H. KEELER.

No. 18,

Sept. Term, 1993.

Court of Appeals of Maryland.

Sept. 15, 1993.

Patrick C. McKeever (Miles & Stockbridge, on brief), Rockville, for petitioner.

James P. Ulwick (Kathleen A. Birrane, Kramon & Graham, P.A., on brief), Baltimore, for respondent.

*141Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

ORDER

The petition for writ of certiorari in the above entitled case having been granted and heard, it is this 15th day of September, 1993

ORDERED, by the Court of Appeals of Maryland, that the writ of certiorari be, and it is hereby, dismissed with costs, the petition having been improvidently granted.
AMENDMENT NO. 1 TO
MANAGEMENT AGREEMENT DATED JUNE 27, 1988 

      BETWEEN B+H OCEAN CARRIERS
LTD. AND B+H MANAGEMENT LTD. (“the 

      Management
Agreement”)

      


      (A)         The
Management Agreement is hereby amended as follows:

       

      
        	
                 
      

              	
                (1)

              	
                Section
      10 of the Management Agreement is hereby amended and restated to read in
      its entirety as follow:

              


      

       

      “Certain Conflicts of
Interest.  The Company hereby acknowledges that the Manager and
certain of its affiliates provide services similar to those provided hereunder
to persons other than the Company, including entities in which the Manager or
such affiliates have economic interests.  In order to avoid even the
appearance of a conflict of interest, the Manager agree that (a) at least five 5
days in advance of the entering into any commitment to acquire or dispose of any
type of commercial cargo vessel, or any material direct or indirect interest in
such vessels, by the Manager or any of its affiliates on their own behalf or on
behalf of personas other than Company, the Manager will give the Audit Committee
of the Company’s Board of Directors written notice containing full disclosure of
the material terms of such acquisition or disposition; (b) it shall not
discriminate against the Company in the selection, purchase or sale of any type
of oceangoing cargo vessel; and (c) neither the Manager nor any of its
affiliates will for their own account purchase from or sell to the Company any
vessels, or any material direct or indirect interest therein, during the term of
this Agreement without the unanimous approval of the Audit Committee of the
Company’s Board of Directors.”

      


      
        	
                 
      

              	
                (2)

              	
                Schedule
      I of the Management Agreement is hereby amended and restated to read in
      its entirety as follows:

              


      

       

      “For
management services provided pursuant to this Agreement, the Manager shall
receive a fixed fee of $4,000 per month per vessel, and any increases in such
fixed fee shall be determined on each anniversary of this Agreement and be based
on any increases in the Urban Wage Earners and Clerical Workers Consumer Price
Index for the New York metropolitan area over the level reported by that Index
for the month of June 1988.”

      


      (B)         All
other terms and conditions of the Management Agreement remain
unaltered.

      


      
        
          
            
              	 
      	 	 
      
	
                      FOR
      B+H OCEAN CARRIERS LTD.

                    	 	
                      FOR
      B+H MANAGEMENT
LTD.

                    


            

          

        

      

      


      Dated as
of
#### Robinson Point Lumber Company, a Corporation, *Appel*lant, *v.*E. F. Johnson, *Appellee.*

1. A court of equity will reform a written instrument when’by mistake it does not contain tbe true agreement of tbe parties, only when tbe evidence of tbe mistake is full and satisfactory.

*5632. An agreement in writing should be regarded as the sole expositor of the intent of the parties until the contrary is established beyond reasonable controversy; and reformation will not be decreed when'the evidence is loose, contradictory or equivocal, there being no fiduciary relation or overreaching between the parties dealing with each other upon a substantially equal footing.

3. Wherever the evidence is conflicting and the finding of a chancellor does not clearly appear to be erroneous, it will not be disturbed.

Appealed from the Circuit Court for Santa Rosa County.

The facts in the case are stated in the opinion of the court.

*T. F West,*for Appellant;

*Jones*& *Pasco,*for Appellee.

Whitfield, C. J.

The court refused to reform a deed conveying land so as to make it reserve to the grantor the timber on the land, and the complainant appealed. It is argued here that the evidence is sufficient for a reformation.

A court of equity will reform a written instrument when by mistake it does not contain the true agreement of the parties, only when the evidence of the mistake is ‘ full and satisfactory. The writing should be regarded as the sole expositor of the intent of the parties until the contrary is established beyond reasonably controversy; and reformation will not be decreed when the evidence is loose, contradictory or equivocal, there being no fiduciary relation or overreaching between the parties *564dealing with each other upon a substantially equal footing. See Jackson v. Magbee, 21 Fla. 622; Franklin v. Jones Adm’r., 22 Fla. 526; Jacobs v. Parodi, 50 Fla. 541, 39 South. Rep. 833; Griffin v. Societe Anonyme La. Floridienne, 53 Fla. 801, 44 South. Rep. 342; Horne v. J. C. Turner Cypress Lumber Co., 55 Fla. 690, 45 South. Rep. 1016; Crosby v. Andrews, 61 Fla. 554, 55 South. Rep. 57.

The evidence is conflicting on the material point in the case and the chancellor found for the defendant. As the evidence is not of such a nature as to disclose a clear error in the decree, it is affirmed.

Taylor, Shackleford, Cockrell and Hocker, J. J., concur.