alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32

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

      The  undersigned  executive  officers  of 1st  State  Bancorp,  Inc.  (the
"Registrant")  hereby  certify that this  Quarterly  Report on Form 10-Q for the
quarter ended March 31, 2005 (the "Report") fully complies with the requirements
of  Section  13(a) or  15(d) of the  Securities  Exchange  Act of 1934,  and the
information  contained in the Report fairly presents,  in all material respects,
the financial condition and results of operations of the Registrant.


                                 By: /s/ James C. McGill
                                    --------------------------------------------
                                    Name:  James C. McGill
                                    Title: President and Chief Executive Officer


                                 By: /s A. Christine Baker
                                    --------------------------------------------
                                    Name:  A. Christine Baker
                                    Title: Chief Financial Officer, Secretary
                                           and Treasurer

Date: May 13, 2005
J. 

such a dismissal will not violate the bankruptcy stay. See Dean v. Trans 

World Airlines, Inc., 72 F.3d 754, 756 (9th Cir. 1995) (holding that a postbankruptcy dismissal will violate the automatic stay "where the decision 

to dismiss first requires the court to consider other issues presented by or 

related to the underlying case"); IUFA v. Pan Am. World Airways, Inc., 

966 F.2d 457, 459 (9th Cir. 1992) (holding that the automatic stay does not 

preclude dismissal of an appeal so long as dismissal is "consistent with the 

purpose of [11 U.S.C. § 362(a)(1)1"). Accordingly, this appeal is dismissed 

without prejudice to Emery's right to move for reinstatement within 90 

days of either the lifting of the bankruptcy stay or final resolution of the 

bankruptcy proceeding. 

It is so ORDERED. 

cc: Hon. Timothy C. Williams, District Judge 

Daniel J. Albregts, Ltd. 

Lewis Roca Rothgerber LLP/Las Vegas 

Wright, Finlay & Zak, LLP/Las Vegas 

Eighth District Court Clerk 

SUPREME COURT 

OF 2 

NEVADA 

(0) I.947A ugetroa
#### § 21.122 Use of Federal funds.

Federal funds administered by a Federal department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied.
#### Abraham J. Hirschfeld et al., Appellants, v Eric Gerard, Respondent.

[698 NYS2d 459]

—Judgment, Supreme Court, Bronx County (Barry Salman, J.), entered January 14, 1999, which denied petitioner’s application to vacate an arbitration award in an employment contract dispute, confirmed such award, and entered judgment thereon, unanimously affirmed, without costs.

More than three months into a five year employment agreement as Editor-in-Chief of a start-up newspaper, respondent was terminated by petitioner. The arbitrator enforced a provision of the agreement which liquidated damages at the salary respondent would have earned from the date of termination to the end of the contract period, if respondent were terminated “for any reason whatsoever”. Respondent presents no basis to vacate the award under CPLR 7511 (b). The arbitrator’s determinations on the enforceability of the liquidated damages clause and the basis for respondent’s termination were not irrational *(see, Matter of Sims v Siegelson,*246 AD2d 374, 376). Concur — Ellerin, P. J., Rosenberger, Nardelli, Lerner and Andrias, JJ.
Non-Employee Director Compensation for Fiscal 2010



 Exhibit 10.2 
 NON-EMPLOYEE DIRECTOR COMPENSATION PLAN FOR FISCAL 2010 
  

				
	 Components of Non-Employee Director
 Compensation for each fiscal year
	  	Plan for FY 2010
		
	 Annual Board Retainer
	  	$	24,000
		
	 Board Meeting Fee
	  	$	4,000
		
	 Annual Committee Chair Retainer (1)
	  	$
 $
	4,000
 3,000

		
	 Committee Meeting Fee
	  	$	1,500
		
	 Annual Long-Term Incentive Grant (2)
	  	$	125,000
		
	 Annual Personal Aircraft Usage (3)
	  	 	30 hours

  

	(1)	The Audit Committee Chairman receives a $4,000 annual retainer fee, and the Compensation Committee Chairman and Nominating and Corporate Governance Committee Chairman
each receive $3,000 annual retainer fees. 


	(2)	The non-employee director long-term incentive equity value is an annual fixed amount. The non-employee director long-term incentive grant will consist of restricted
stock units. The number of RSUs granted will be determined by dividing the closing stock price on the grant date into the equity value and rounded up to the nearest 100. The grant will vest (i) 50 percent on the date six months after the grant
date and (ii) 50 percent on the date one year after the grant date. The Common Stock to be issued in connection with the RSUs will be distributed upon the earliest to occur of (1) the board members’ death, disability or separation
from the board, (2) a change of control event, or (3) five years after the grant date. 


	(3)	As part of director compensation, each non-employee director is allowed to make personal use of the Company airplane for a maximum of 30 flight hours per fiscal year.
As of June 30, 2009, the ultimate cost of providing this “perquisite” is affected by: (i) pilot and co-pilot fees ($1,250 per day) and (ii) fuel costs (382 gallons per hour x $5.14 per gallon is approximately $1,850 per
hour). Considering these variables, the hourly cost to operate the Company airplane is approximately $3,100. The annual amount of $93,000 assumes that a director utilizes his full allotment of 30 hours; less usage by any given director will
obviously result in less cost to the Company and less “compensation” to the director. This amount does not include the monthly fixed costs for operating the Company airplane, any expenses associated with dead-head legs which are not
charged against the Director hours while under their annual allowance for billable hours or any dry lease expenses.
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 Intelligent Living Corp. (formerly Elgrande.com, Inc.) (the "Company") on Form 10-Q for the period ended November 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael F. Holloran, Chief Executive Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted 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 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.



DATED:

January 19, 2010

/s/ Michael F. Holloran

-----------------------------

Michael F. Holloran;

Chief Executive Officer and

Principal Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME FOR THE YEAR
ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          23,224
<SECURITIES>                                         0
<RECEIVABLES>                                  102,644
<ALLOWANCES>                                     2,774
<INVENTORY>                                    175,197
<CURRENT-ASSETS>                               311,548
<PP&E>                                         374,033
<DEPRECIATION>                                 203,267
<TOTAL-ASSETS>                                 529,367
<CURRENT-LIABILITIES>                           76,517
<BONDS>                                         29,095
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,392
<OTHER-SE>                                     360,171
<TOTAL-LIABILITY-AND-EQUITY>                   529,367
<SALES>                                      1,008,752
<TOTAL-REVENUES>                             1,008,752
<CGS>                                          684,355
<TOTAL-COSTS>                                  684,355
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,626
<INCOME-PRETAX>                                155,373
<INCOME-TAX>                                    59,243
<INCOME-CONTINUING>                             96,130
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    96,130
<EPS-PRIMARY>                                     2.22
<EPS-DILUTED>                                     2.22
        

</TABLE>
swsh_ex1038.htm


Exhibit 10.38


 


 


 


SECOND AMENDMENT TO EMPLOYMENT AGREEMENT


 


This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Second Amendment”) is entered into as of January 31, 2015 by and between Swisher Hygiene Inc., a Delaware corporation (the “Company”) and William M. Pierce (“Executive”) and amends that certain Employment Agreement (the “Agreement”) by and between Executive and the Company entered into as of October 16, 2013 as renewed and amended August 8, 2014.


 


W I T N E S S E T H:


 


WHEREAS, Company and Executive entered into the Agreement as of October 16, 2013, with a Commencement Date of September 16, 2013; and


 


WHEREAS, Executive and Company renewed and amended the Agreement on August 8, 2014; and


 


WHEREAS, Company and Executive wish to further amend the Agreement, as previously renewed and amended, with such further amendment to be effective January 1, 2015 to reflect actions of the Compensation Committee of the Company’s Board of Directors taken on November 3, 2014, as ratified by the Board of Directors on November 3, 2014.


 


NOW THEREFORE, in consideration of the foregoing premises and the agreements contained herein and certain other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:


 


A G R E E M E N T S


 


1. Base Salary.  Commencing January 1, 2015 Executive’s annual salary shall be adjusted to $400,000.00 per calendar year, payable in equal installments consistent with the Company’s regular payroll practices, including periodic pay periods and dates of payment, withholding of federal and state income and employment taxes, and withholding and funding of Company retirement accounts.


 







 


2. Miscellaneous.  Except as set forth in this Second Amendment, all terms and conditions of the Agreement, as renewed and amended on August 8, 2014 shall remain unchanged.  All capitalized words or phrases, not herein defined, shall have the meaning defined in the Agreement.


 







 


[Signature Page Follows]


 


 




  





  











  






 


IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date first written above.


 


COMPANY:


 




	 	
SWISHER HYGIENE INC., a Delaware corporation

	 
	 	 	 	 
	
 

	
By: 

	/s/ Richard L. Handley	 
	 	 	Richard L. Handley	 
	 	 	
Chairman

	 
	 	 	 	 










 







EXECUTIVE:


 




	 	 	 
	 	 	 	 
	
 

	
By: 

	/s/ William M. Pierce	 
	 	 	William M. Pierce	 
	 	 	Title
[Civ. No. 1759.

Third Appellate District.

November 19, 1917.]

#### CHARLES T. WAIT, Petitioner, v. SUPERIOR COURT, etc., et al., Respondents.

Costs—Prosecution or Action in Forma Pauperis.—The plaintiff in a civil action may prosecute his action *in forma pmiperis*by filing a proper affidavit.

Id.—Mandamus—Moot Question—Dismissal.—A petition for a writ of mandate to compel a superior court to permit a plaintiff in a civil action to prosecute the same in *forma pauperis*will be dismissed where after the filing of the petition the permission was granted, the matter becoming a moot question.

*331APPLICATION for a Writ of Mandate originally made to the District Court of Appeal for the Third Appellate District to compel a Superior Court to permit the prosecution of a civil action *in forma pauperis.*

The facts are stated in the opinion of the court.

G. H. P. Liehthardt, and Chester F. Gannon, for Petitioner.

Lester J. Hinsdale, for Respondents.

THE COURT.

Petitioner, Charles T. Wait, commenced an action in the superior court of the county of Sacramento against the Western Pacific Railroad Company for personal injuries received by him while in its employ.

After the commencement of said action petitioner sought leave of the court, by filing the proper affidavit, to be allowed to prosecute his action *in forma pauperis.*The court denied the application upon the ground that it knew of no method provided by law for the payment of the jury fees except by the party demanding said jury. Thereupon petitioner filed his petition in this court seeking by mandate to compel the superior court to grant his application.

Since the filing of this petition the precise question has been decided in accord with petitioner’s contention by our supreme court in the case of *Martin*v. *Superior Court,*176 Cal. 289, [168 Pac. 135], It is only necessary, therefore, to refer to that decision.

Since this proceeding was commenced in this court, it has been brought to our attention that the lower court has granted a jury to petitioner here in accordance with his application. The matter, therefore, becomes a moot question merely, and in view of this status of the case, it becomes proper to dismiss the petition.

The petition for the writ of mandate is, therefore, dismissed.
# EUR-Lex - 31996R1516 - EN

Avis juridique important

*|*

# 31996R1516

**Commission Regulation (EC) No 1516/96 of 29 July 1996 amending Annex I to Regulation (EC) No 2771/75 on the common organization of the market in eggs **

*
Official Journal L 189 , 30/07/1996 P. 0099 - 0100 *

COMMISSION REGULATION (EC) No 1516/96 of 29 July 1996 amending Annex I to Regulation (EC) No 2771/75 on the common organization of the market in eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs (1), as last amended by Commission Regulation (EC) No 2916/95 (2), and in particular Article 8 (13) thereof,

Whereas Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3), as last amended by Regulation (EC) No 1192/96 (4), contains the combined nomenclature currently in force;

Whereas a number of the descriptions given in Annex I to Regulation (EEC) No 2771/75 no longer correspond to the combined nomenclature; whereas Annex I to that Regulation should therefore be amended; whereas, in the interests of clarity, those amendments should be incorporated in an Annex replacing Annex I;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 2771/75 is hereby replaced by the Annex hereto.

Article 2

This Regulation shall enter into force on 1 August 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 July 1996.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 282, 1. 11. 1975, p. 49.

(2) OJ No L 305, 19. 12. 1995, p. 49.

(3) OJ No L 256, 7. 9. 1987, p. 1.

(4) OJ No L 156, 29. 6. 1996, p. 15.

ANNEX

'ANNEX I

>TABLE>
#### § 1977.16 Notification of Secretary of Labor's determination.

Section 11(c)(3) provides that the Secretary is to notify a complainant within 90 days of the complaint of his determination whether prohibited discrimination has occurred. This 90-day provision is considered directory in nature. While every effort will be made to notify complainants of the Secretary's determination within 90 days, there may be instances when it is not possible to meet the directory period set forth in section 11(c)(3).
# EUR-Lex - 31999R1340 - EN

Avis juridique important

*|*

# 31999R1340

**Commission Regulation (EC) No 1340/1999 of 24 June 1999 derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied, with respect to the period for delivery to the intervention agency in the 1998/99 marketing year **

*
Official Journal L 159 , 25/06/1999 P. 0029 - 0029 *

COMMISSION REGULATION (EC) No 1340/1999

of 24 June 1999

derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied, with respect to the period for delivery to the intervention agency in the 1998/99 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Regulation (EC) No 2072/98(2), and in particular Article 8(b) thereof,

(1) Whereas the conditions for the taking over of paddy rice by the intervention agencies are laid down in Commission Regulation (EC) No 708/98(3), as amended by Regulation (EC) No 691/1999(4); whereas Article 6(1) of that Regulation provides that delivery must be effected not later than the end of the second month following receipt of the offer and in any case not later than 31 August of the current marketing year;

(2) Whereas during the 1998/99 marketing year the intervention agencies encountered difficulties in setting up a good system for the storage, checking and reception of goods; whereas these difficulties delayed the acceptance of offers made and the taking over of deliveries; whereas, for the 1998/99 marketing year, these difficulties justify a derogation from the time limit set in the abovementioned provisions for delivery to the intervention agency;

(3) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 6(1) of Regulation (EC) No 708/98, delivery of paddy rice for taking over by the intervention agency in respect of the 1998/99 marketing year must be effected no later than 30 September 1999.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 329, 30.12.1995, p. 18.

(2) OJ L 265, 30.9.1998, p. 4.

(3) OJ L 98, 31.3.1998, p. 21.

(4) OJ L 87, 31.3.1999, p. 8.
EXHIBIT 21


                 KERR-McGEE CORPORATION AND SUBSIDIARY COMPANIES


                                  SUBSIDIARIES



                                           State or Country         Percent
       Name of Subsidiary                  of Incorporation          Owned
-----------------------------------        ------------------       -------

Kerr-McGee Oil & Gas Corporation            Delaware                 100%
Kerr-McGee Oil (U.K.)PLC                    England                  100%
Kerr-McGee Resources (U.K.) Limited         England                  100%
Kerr-McGee North Sea (U.K.) Limited         England                  100%
Kerr-McGee Gryphon Limited                  England                  100%
Kerr-McGee L.P. Corporation                 Delaware                 100%
Kerr-McGee Oil & Gas Onshore LP             Delaware                 100%
Kerr-McGee Chemical LLC                     Delaware                 100%
KMCC Western Australia PTY. Ltd             Western Australia        100%
Kerr-McGee Pigments GmbH & Co. KG           Germany                  100%
Kerr-McGee Pigments N.V.                    Belgium                  100%
Kerr-McGee Pigments Limited                 Bahama Islands           100%
Kerr-McGee Pigments (Holland) B.V.          Netherlands              100%
Kerr-McGee Pigments (Savannah), Inc.        Georgia                  100%


     A number of additional  subsidiaries  are omitted since,  considered in the
aggregate  as a single  subsidiary,  they  would not  constitute  a  significant
subsidiary as of December 31, 2000.
#### § 18.903 Subscribing witness' testimony unnecessary.

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
PMN Sanitized file Process Diagram DSP Acid
Exhibit 11.
 Statement Regarding Computation of Per Share Earnings


 For the periods ended March 31                           1999           1998

 Diluted earnings per common share:
   Average common shares outstanding                    356,831        106,386


 Net income (loss)                                    $ 295,464        $ 7,306

 Diluted earnings per share:                             $ 0.83         $ 0.07


 Basic earnings per common share:
   Average common shares outstanding                    356,831        106,386

 Net income (loss)                                    $ 295,464        $ 7,306
                             
 Basic earnings per share                                $ 0.83         $ 0.07