alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31(B)**

 

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

 

I, Patrick D. Hanley, certify that: 

 

1. I have reviewed this annual report on Form 10-K for the fiscal year ended December 31, 2003 of OverniteCorporation; 

 

2. Based on my knowledge, thisreport does not contain any untrue statement of 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 periodcovered by this report; 

 

3. Based on myknowledge, 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 periodspresented in this report; 

 

4. Theregistrant’s other certifying officer(s) 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)) for the registrant and have: 

 

(a) designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared; 

 

(b) [Omitted in reliance on SEC Release No. 33-8238; 34-47986 Section III.E.] 

 

(c) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

(d) disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting. 

 

5. The registrant’sother certifying officer(s) 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 personsperforming the equivalent functions): 

 

(a) allsignificant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financialinformation; and 

 

(b) any fraud, whether ornot material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: March 26, 2004
#### § 1471.810 When does a debarment take effect?

A debarment is not effective until the debarring official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the proposed debarment.
Letter Agreement



 EXHIBIT 10.53 
 EXECUTION VERSION 
 ArthroCare Corporation 
 7500 Rialto Blvd., Building Two 
 Suite 100 
 Austin, Texas 78735 
 September 1, 2009 
 OEP AC Holdings, LLC 
 c/o One Equity Partners III, L.P. 
 320 Park Avenue, 18th Floor 
 New
York, New York 10022 
 Attn: Gregory A. Belinfanti and Christian Ahrens 
 Greg and Chris: 
 Reference is hereby made to the Securities Purchase Agreement dated as of
August 14, 2009 (the “Purchase Agreement”), between ArthroCare Corporation, a Delaware corporation (the “Company”), and OEP AC Holdings, LLC, a Delaware limited liability company (the
“Investor”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Purchase Agreement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows: 
 From and after the Closing, in the event that the Investor does not at any time have a voting representative
sitting on the audit committee of the Company’s Board of Directors (the “Audit Committee”), the Investor shall have the right to designate one Preferred Director (the “Audit Committee Observer”) to attend each
meeting of the Audit Committee and to participate in all discussions during each such meeting. The Company shall provide to the Audit Committee Observer copies of any and all notices, written materials and other information (including without
limitation advance notice of any committee meetings) at the time and in the manner as they are provided to members of the Audit Committee in their capacity as such, whether or not the Audit Committee Observer attends such meetings. 
 This letter agreement is effective from and after the Closing and will terminate on the date upon which the Investor is no longer entitled to elect a
Preferred Director in accordance with Section 9(b) of the Certificate of Designations or to designate for nomination a director in accordance with Section 11.3 of the Purchase Agreement. 
 This letter agreement shall be governed by and interpreted and enforced in accordance with the terms of the Purchase Agreement. 
 This letter agreement may be executed in any number of counterparts and signatures may be delivered by facsimile or in electronic format (i.e.,
“PDF”), each of which may be executed by less than all parties, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. 
 [Signature page follows] 







 [Signature page to Letter Agreement] 
  

			
	Very truly yours,
	
	ARTHROCARE CORPORATION
		
	By:	 	 /s/    David Fitzgerald

		 	Name: David Fitzgerald
		 	Title: Acting President and Chief Executive Officer


  

			
	 Acknowledged and Agreed
 as of the Date First Above Written

	
	OEP AC HOLDINGS, LLC
		
	By:	 	 /s/    Christian Ahrens

		 	Name: Christian Ahrens
		 	Title: Vice President and Treasurer
QuickLinks
 -- Click here to rapidly navigate through this document









































 
 

  Exhibit 10.1    
    


WAIVER AND MODIFICATION WITH RESPECT TO EMPLOYMENT AGREEMENT AMENDMENTS  


        WHEREAS, William J. McMorrow and Mary L. Ricks (each an "Executive") have each entered into amendments to their employment agreements
(the "Amendments") with Kennedy-Wilson, Inc. ("Company"), which Amendments provide that each is contingently entitled to receipt of a bonus on April 1, 2010 (the "April 1 Bonus"),
which April 1 Bonus may, under certain circumstances be paid on a later date, and receipt of a bonus on January 1, 2011 (the "January 1 Bonus"), provided that they meet the
conditions to receipt of such bonuses set forth in the Amendments; 


        NOW,
THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, each Executive agrees that, while he or she shall continue to be
contingently entitled to the April 1 Bonus, he or she waives and relinquishes and shall have no entitlement to the January 1 Bonus, and the Amendments are deemed amended hereby to remove
any references to such January 1 Bonus. 


        IN
WITNESS WHEREOF, the undersigned have executed this Waiver and Modification on the dates written below. 

 






 



			
	COMPANY

KENNEDY-WILSON, Inc.

a Delaware corporation	 	 
	
 /s/ KENT Y. MOUTON







  Kent Y. Mouton

Chairman, Compensation Committee	
 	
11/18/2009






  Date
	
 EXECUTIVE	
 	

 
	
 /s/ WILLIAM J. MCMORROW






  William J. McMorrow	
 	
11/18/2009






  Date
	
 /s/ MARY L. RICKS






  Mary L. Ricks	
 	
11/18/2009






  Date




 

 








QuickLinks



Exhibit 10.1
<PAGE>
                                                                  EXHIBIT 99 (b)


    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 Delphi Corporation (the "Company") on
Form 10-Q for the period ended March 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Alan S. Dawes, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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.




April 16, 2003                        /s/  Alan S. Dawes
--------------                        ------------------------------------
                                      Alan S. Dawes
                                      Vice Chairman and
                                      Chief Financial Officer
#### CON. P. CURRAN PRINTING CO. v. UNITED STATES

[83 C. Cls. 254; 301 U. S. 686]

Motion to remand and petition for writ of certiorari *denied*by Supreme Court April 26, 1937.
**Exhibit 31.2**

 

I, Carter D. Hicks, certify that:

 

1.             I have reviewed this annual reporton Form 10-K of Digital River, Inc.;

 

2.             Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.             Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this report;

 

4.             The registrant’s other certifyingofficers and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)  designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisannual report is being prepared;

 

(b)  evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)  disclosed in this reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.             The registrant’s other certifyingofficers and I have disclosed, based on our most recent evaluation, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

(a)  all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

(b)  any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 

 
| Date:  | March 12,  2004 | /s/ Carter D. Hicks      |   |
|--------|-----------------|--------------------------|--------|
|   |            | Carter D. Hicks          |
|   |            | Chief  Financial Officer |

 

----
#### Susan Davis, App’lt, *v.*The City of Kingston, Resp’t.

*(Supreme Court, General Term, Third Department,*

*Filed May 27, 1889.)*

1. Municipal corporation—Negligence—Constructive notice—When NOT QUESTION FOR THE JURY.

While it may be a question for the jury as to the length of time necessary to constitute constructive notice, in all cases where such notice could be reasonably inferred, yet when the time is so short that no such inference could be reasonably made, the court may properly take the case from the jury.

Appeal from a judgment dismissing plaintiff’s complaint. The action is for city’s negligence. The claim arises out of injuries from falling on the ice.

*William Lounsberry,*for app’lt; *G. D. B. HasbroucTc,*for resp’t.

Per Curiam.

It snowed on Thursday; rained on Friday; froze on Saturday night.

*94Sunday morning plaintiff fell on the ice. She claims that there was constructive notice to defendant, and that defendant was, therefore, negligent in not cleaning off the sidewalk on this business street.

There was iio other evidence of the existence of the ice prior to the accident, than can be inferred from the facts .above stated, and the plaintiff’s testimony that there was ice on the sidewalk .Saturday night. While it may be a question for the jury as to the length of time necessary to constitute constructive notice, in all cases where such notice could be reasonably inferred, yet when the tim.e is so short that no such inference could be reasonably made, then the court may properly take the case from the jury. Such was the *Muller Case,*32 Hun 24; aff’d, 105 N. Y., 668; 8 N. Y. State R., 910., Such, we think, is the present case.

It would be an improper inference to hold that on Sunday morning the city had had constructive notice of ice on ■a sidewalk which, so far as the evidence shows, was not formed before the previous day.. And it cannot justly be argued that the existence of soft snow (or slush) on the sidewalk, Saturday, was evidence of constructive notice. The city could not forsee that this “slush” would freeze, and form ice. Rain might come and wash it all away. In the uncertainties of our winter climate, a city cannot be expected to guard against such contingencies.

The judgment should be affirmed, with costs.
#### § 18.407 Subsequent remedial measures.

When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.
1

Hall-Jordan, Luke

From: Hall-Jordan, Luke

Sent: Friday, October 02, 2015 4:55 PM

To: Donaldson, David; Jones, Danielle

Cc: Arling, Jeremy

Subject: RE: EO 12866/13563 Interagency Review: EPA's Protection of Stratospheric Ozone: 

Update to the Refrigerant Management Requirements Under Section 608 of the Clean 

Air Act (RIN 2060-AS51)

Attachments: EO 12866_13563 EPA Refrigerants NPRM_10.2.2015_EPA.docx; EO12866_CAA Part 82F 

2060-AS51 NPRM FRN_20151002.docx

Hi Danielle, 

As promised, here is EPA’s response to the comments you provided us with on Monday as well as a revised preamble 

and regulatory text. Please let us know if you have additional questions or concerns. 

Have a great weekend! 

Best, 

Luke 

Luke Hall-Jordan 

Stratospheric Protection Division, U.S. EPA 

202-343-9591 (desk) 

202-230-7589 (mobile) 

From: Donaldson, David 

Sent: Monday, September 28, 2015 5:42 PM 

To: Jones, Danielle 

Cc: Arling, Jeremy; Hall-Jordan, Luke 

Subject: RE: EO 12866/13563 Interagency Review: EPA's Protection of Stratospheric Ozone: Update to the Refrigerant 

Management Requirements Under Section 608 of the Clean Air Act (RIN 2060-AS51) 

Thank you Danielle, 

I confirm receipt and we plan to get back to you as soon as possible. 

David Donaldson 

202-343-9086 

From: Jones, Danielle [mailto:Danielle_Y_Jones@omb.eop.gov] 

Sent: Monday, September 28, 2015 4:26 PM 

To: Donaldson, David 

Cc: Arling, Jeremy; Hall-Jordan, Luke 

Subject: EO 12866/13563 Interagency Review: EPA's Protection of Stratospheric Ozone: Update to the Refrigerant

Management Requirements Under Section 608 of the Clean Air Act (RIN 2060-AS51) 

David, 
2

Attached are the interagency reviewer’s comments. Please let me know if you have any questions. 

Best, 

Danielle 

Danielle Y. Jones 

Policy Analyst 

Office of Management and Budget 

Phone: (202) 395-1741 | djones@omb.eop.gov
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4719 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4719

  To provide, temporarily, authority for the Secretary of Commerce to 
    waive cost sharing requirements for the Hollings Manufacturing 
             Extension Partnership, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

   Mr. Peters (for himself, Mr. Gardner, Mr. Coons, Ms. Hirono, Mr. 
    Booker, Mr. Kaine, Ms. Stabenow, Mr. Menendez, and Mr. Bennet) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To provide, temporarily, authority for the Secretary of Commerce to 
    waive cost sharing requirements for the Hollings Manufacturing 
             Extension Partnership, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Manufacturers Respond to 
COVID-19 Act of 2020''.

SEC. 2. TEMPORARY WAIVER OF HOLLINGS MANUFACTURING EXTENSION 
              PARTNERSHIP COST SHARING REQUIREMENT.

    The Secretary of Commerce may waive all or a portion of the 
requirements of subsection (e)(2) of section 25 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k) with respect 
to the provision under such section by the Secretary of capital and 
annual operating and maintenance funds required to establish and 
support a Center (as defined in subsection (a) of such section) to the 
degree that such funds are derived from amounts specifically 
appropriated for the Hollings Manufacturing Extension Partnership for 
fiscal year 2021.
                                 <all>
```
#### John J. O’Leary, Respondent, *v.*Loring Dam et al., Copartners under the Firm Name of Eastman, Dillon & Company, Appellants.

Argued January 26, 1937;

decided March 9, 1937.

*Francis S. Bensel*and *Thomas W. McDonald*for appellants.

*Horatio W. Thomas*for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Loughran,. Finch and Rippey, JJ. Talcing no part: Hubbs, J.
#### § 1915.8 OMB control numbers under the Paperwork Reduction Act.

The following sections or paragraphs contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.

| 29 CFR citation | OMB control No. |
| --- | --- |
| 1915.11-1915.16 | 1218-0011 |
| 1915.83 | 1218-0259 |
| 1915.87 | 1218-0259 |
| 1915.88 | 1218-0259 |
| 1915.89 | 1218-0259 |
| 1915.113 | 1218-0220 |
| 1915.152(b) | 1218-0215 |
| 1915.152(e) | 1218-0215 |
| 1915.159(d) | 1218-0215 |
| 1915.160(d) | 1218-0215 |
| 1915.172 | 1218-0220 |
| 1915.501(d) | 1218-0248 |
| 1915.502(a) | 1218-0248 |
| 1915.502(b) | 1218-0248 |
| 1915.502(c) | 1218-0248 |
| 1915.502(d) | 1218-0248 |
| 1915.504(a) | 1218-0248 |
| 1915.505(a) | 1218-0248 |
| 1915.505(b) | 1218-0248 |
| 1915.505(d) | 1218-0248 |
| 1915.506(b) | 1218-0248 |
| 1915.507(c) | 1218-0248 |
| 1915.508(a) | 1218-0248 |
| 1915.508(b) | 1218-0248 |
| 1915.508(c) | 1218-0248 |
| 1915.508(d) | 1218-0248 |
| 1915.508(e) | 1218-0248 |
| 1915.508(f) | 1218-0248 |
| 1915.1001 | 1218-0195 |
| 1915.1003 | 1218-0085 |
| 1915.1004 | 1218-0084 |
| 1915.1006 | 1218-0086 |
| 1915.1007 | 1218-0083 |
| 1915.1008 | 1218-0087 |
| 1915.1009 | 1218-0089 |
| 1915.1010 | 1218-0082 |
| 1915.1011 | 1218-0090 |
| 1915.1012 | 1218-0080 |
| 1915.1013 | 1218-0079 |
| 1915.1014 | 1218-0088 |
| 1915.1015 | 1218-0044 |
| 1915.1016 | 1218-0081 |
| 1915.1017 | 1218-0010 |
| 1915.1018 | 1218-0104 |
| 1915.1024 | 1218-0267 |
| 1915.1025 | 1218-0092 |
| 1915.1026 | 1218-0252 |
| 1915.1027 | 1218-0185 |
| 1915.1028 | 1218-0129 |
| 1915.1030 | 1218-0180 |
| 1915.1044 | 1218-0101 |
| 1915.1045 | 1218-0126 |
| 1915.1047 | 1218-0108 |
| 1915.1048 | 1218-0145 |
| 1915.1050 | 1218-0184 |
| 1915.1053 | 1218-0266 |
| 1915.1120 | 1218-0065 |
| 1915.1200 | 1218-0072 |
| 1915.1450 | 1218-0131 |

[61 FR 5509, Feb. 13, 1996, as amended at 62 FR 33547, June 20, 1997; 63 FR 13340, Mar. 19, 1998; 70 FR 13371, Mar. 21, 2005; 71 FR 38086, July 5, 2006; 77 FR 19, Jan. 3, 2012; 81 FR 48710, July 27, 2016; 83 FR 9703, Mar. 7, 2018]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED FINANCIAL STATEMENTS CONTAINED IN THE COMPANY'S QUARTERLY REPORT ON
FORM 10-Q FOR THE QUARTER ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           25994
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 27794
<PP&E>                                           40447
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   83519
<CURRENT-LIABILITIES>                             4073
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          2565
<OTHER-SE>                                       89485
<TOTAL-LIABILITY-AND-EQUITY>                     83519
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                  4784
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (4784)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (4784)
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00


</TABLE>