alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1





Section 1350 Certification





In connection with the Annual Report of Secured Financial Network, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission (the “Report”), I, Jeffrey L. Schultz, Chief Executive Officer and principal financial and accounting 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, as amended, and





2.
The information contained in the Report fairly presents, in all material respects, the financial conditions and results of operations of the Company.s/Jeffrey L. SchultzMarch 30, 2011

/Jeffrey L. Schultz, Chief Executive Officer, principal executive officer, principal financial and accounting officer





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 65, Number 110 (Wednesday, June 7, 2000)]
[Notices]
[Page 36153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14336]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Drug Abuse; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The contract proposals and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Drug Abuse Special 
Emphasis Panel, Phase II SBIR: ``Develop CD-ROM Based Instrument 
Wizard''.
    Date: June 28, 2000.
    Time: 10 a.m. to 11:30 a.m.
    Agenda: To review and evaluate contract proposals.
    Place: Neuroscience Center, National Institutes of Health, 6001 
Executive Blvd., Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Eric Zatman, Contract Review Specialist, Office 
of Extramural Affairs, National Institute on Drug Abuse, National 
Institutes of Health, DHHS, 6001 Executive Boulevard, Room 3158, MSC 
9547, Bethesda, MD 20892-9547, (301) 435-1438.


(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug 
Abuse Scientist Development Award for Clinicians, Scientist 
Development Awards, and Research Scientist Awards; 93.278, Drug 
Abuse National Research Service Awards for Research Training; 
93.279, Drug Abuse Research Programs, National Institutes of Health, 
HHS)

    Dated: May 31, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-14336 Filed 6-6-00; 8:45 am]
BILLING CODE 4140-01-M
Third Amendment to the 2001 Equity Participation Plan of PriceSmart, Inc.






THIRD AMENDMENT
TOTHE
2001 EQUITY PARTICIPATION PLAN
OF
PRICESMART, INC.


Pursuant to the authority reserved to the Board of Directors (the "Board") of PriceSmart, Inc. (the "Company"), a corporation organized under the laws of State of Delaware, under Section 12.2 of The 2001 Equity Participation Plan of PriceSmart, Inc. (as amended to date, the "Plan"), the Board hereby amends the Plan as follows (the "Amendment").
		
	1.
	Each reference to "Deferred Stock" in the Plan is hereby amended to read "Restricted


		
	2.
	Stock Units."


3.Section 1.19 of the Plan is hereby amended to read in its entirety as follows:  
1.19 Grantee. "Grantee" shall mean: (i) an Employee or consultant granted a Performance Award, Dividend Equivalent, Stock Payment or Stock Appreciation Right, or an award of Restricted Stock Units, under the Plan or (ii) an Independent Director granted an award of Restricted Stock Units or Dividend Equivalents under the Plan.
		
	3.
	Section 8.1 of the Plan is hereby amended to add the following sentence to the end


thereof as follows:
In addition, awards of Restricted Stock Units and Dividend Equivalents may be granted to any Independent Director whom the Board determines should receive such an Award.
4.    Section 3.3 of the Plan is hereby amended to read in its entirety as follows:
8.3 Dividend Equivalents. Any key Employee, consultant or Independent Director selected by the Committee may be granted Dividend Equivalents based on the dividends declared on Common Stock, to be credited as of dividend payment dates, during the period between the date a Stock Appreciation Right, Restricted Stock Unit or Performance Award is granted, and the date such Stock Appreciation Right, Restricted Stock Unit or Performance Award is exercised, vests or expires, as determined by the Committee. Such Dividend Equivalents shall be converted to cash or additional shares of Common Stock by such formula and at such time and subject to such limitations as may be determined by the Committee.
		
	5. 
	This Amendment shall become effective upon Board approval. This Amendment shall be and is hereby incorporated in and forms a part of the Plan. All other terms and provisions of the Plan shall remain unchanged except as specifically modified herein. The Plan, as amended by this Amendment, is hereby ratified and confirmed.
**Exhibit 31(f)2**

**SOUTHERN POWER COMPANY**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
 

I, Michael W. Southern, certify that:

1.

I have reviewed this quarterly report on Form 10-Q of Southern Power Company;

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4.

The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a)

Designed such disclosure controls and procedures, or caused 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)

Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

(c)

Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’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 over financial reporting; and

5.

The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

(a)

All significant 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 financial information; and

 

(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

Date:  November 6, 2007

/s/Michael W. Southern

Michael W. Southern

Senior Vice President and Chief Financial Officer
Ademas de los salarios y compensacion antes mencionados La Directora sera elegible desde suprimer dia de empleo a los siguientes beneficios: Plan medico (cuya aportacion dependera de la cubierta seleccionada), segura de vida, plan de retiro, plan 401 K u otros aplicables a todos los empleados regulares del Banco, sujeto alas politicas de Gada uno.                           Los pagos mencionados ~f} el inciso de Compensacion, Salarios y Beneficios estaran sujetos alasdeducciones legales pertinentes bajo los estatutos federales y locales aplicables.                 3. Secretos de Negocio                            Durante el transcurso de su empleo La Directora tendra acceso a documentos confidenciales,informacion de listados de clientes, prospectos clientes, estrategias de mercadeo, y otro tipo de politica y material que constituye para el   ~ Banco informacion rilacionada y para el negocio, la cual para todos los efectos '::J(!" constituye informaci~n confidencial. La informacion confidencial del Banco es                 propiedad de la Institucion. La Directora no puede divulgar directa 0 indirectamente .dicha informacion, excepto que la necesidad del negocio asi 10 requiera y paraesto .debera ser autorizado par el Supervisor Inmediato.                 Si renuncia 0 termina la relacion de empleo requerimos de usted una absoluta proteccion de la informacion confidencial y privilegiada del negocio, incluyendoabstenerse a divulgar 0 utilizar la misma para beneficia propio, su nuevo patrono 0

                terceras personas. Esta informacion incluye, pero sin limitarse, a secretos de negocio, informacion propiedad del Banco, afiliadas y subsidiarias,asuntos confidenciales, metodolog!a operacional, listas de clientes 0 de clientes potenciales, relaciones de negocio, productos bancarios, estrategias, tacticas, planes de negocio, base de datos, desarrollo de programas de computadoras, informacion financiera,estados de situacioflt balances de cuentas, margenes de ganancias, tenencia de acciones, estudios economicos, estudios de mercado, estrategias de mercadeo y otros de similar naturaleza.IC1 Si la Directora viola alguna de las disposiciones antes mencionada, de no- divulgacion 0 utilizacion de informacion confidencial, el Banco tendra el derecho a                solicitar un "injunction" 0 entredicho (permanente 0 preliminar) para que la Directora cese y desista de la practica y se abstenga de incurrir en la conducta antesmencionada. Los re~dios de los que dispondra el Banco en esta situacion, podran incluir desde violacion de contrato, as! como resarcimiento en darios u otros.                **4. Acuerdo de no-competencia                ** La Directora conviene que durante la vigencia del presente Contrato y/o de su empleo con el Banco, y par un terminG de 12 meses subsiguientes a la terminacion delmismo, no se empleara ni rendira servicio de forma alguna, directa 0 indirectamente, para alguna entidad 0 individuo que compita con el Banco en Puerto Rico.
**Exhibit 10.43**

**Summary of Annual Incentive Plan**

Krispy Kreme has an informal annual incentive plan which represents, in most cases, the short-term component of our incentive compensation package. This plan was originally adopted by the Compensation Committee in July 2006 and was expanded to cover executive officers in December 2006. This plan ties the incentive compensation payable to the employee principally to the attainment of specific, objective performance targets. These targets are based on actual overall company performance compared to our business plan objectives. It is expected that key plan measurements will include revenues, EBITDA, cash flow from operations, other company performance metrics and, to reflect the importance of building sustainable growth, other measurements based on progress in achieving our mission and strategic objectives. The targets will not be based, implicitly or explicitly, on meeting or exceeding any earnings guidance, consensus earnings estimates or similarmeasures.

The amount of cash incentives potentially payable to employees is determined based on (1) a target cash incentive amount which is set as a percentage of an individual employee’s salary and (2) how actual results compare to the targeted performance measures.

Initial awards to executive officers under the plan were made on a pro rated basis with respect to the fourth quarter of fiscal 2007. Going forward, however, we expect that key plan measurements for executive officers will be determined on an annual basis and cash incentives will be payable (in compliance with applicable tax rules regarding deferred compensation) in the first quarter of the fiscal year following the year in which performance is tested. With respect to awards for employees other than executive officers, we expect that, in the near term, these awards will be payable on a quarterly basis.

The Compensation Committee has the authority under the annual incentive plan to adjust any goal with respect to the executive officers and the other employees. These decisions are subjective and based generally on a review of the circumstances affecting results to determine if any events were unusual or unforeseen.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-50057

Summary Calendar

 

ROBERT EARL O’DELL,

Plaintiff-Appellant,

versus

BRUCE W. SCHWARTZER;

KENNETH E. ARRINGTON; 

ROGER PRYOR,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-99-CV-321

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

May 8, 2000

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:*

Robert Earl O’Dell, Texas prisoner # 504872, has filed a

motion for leave to proceed in forma pauperis (IFP) on appeal

following the dismissal without prejudice of his 42 U.S.C. § 1983

complaint for failure to exhaust his available administrative

remedies. By moving for IFP status, O’Dell is challenging the

district court’s certification that IFP status should not be

granted on appeal because his appeal presents no nonfrivolous

issues and is not taken in good faith. See Baugh v. Taylor, 117
No. 00-50057

-2-

F.3d 197, 202 (5th Cir. 1997).

O’Dell argues that he should be excused from the exhaustion

requirement because he reasonably pursued all administrative

remedies in good faith, but his “several attempts to file a

grievance” were refused. He admits, however, that his Step 1

grievance was nevertheless heard. 

By filing his § 1983 complaint only 20 days after the

incident and foregoing all of his administrative remedies, O’Dell

deprived the prison authorities of an opportunity to redress the

matter administratively. O’Dell has not shown that he is excused

from the exhaustion requirement. O’Dell has therefore failed to

show that he will present a nonfrivolous issue on appeal. 

Wendell v. Asher, 162 F.3d 887, 890-91 (5th Cir. 1998). 

Accordingly, we uphold the district court’s order certifying that

the appeal presents no nonfrivolous issues. O’Dell’s request for

IFP status is DENIED, and his appeal is DISMISSED as frivolous. 

See Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2.

The dismissal of this appeal as frivolous counts as a

“strike” for purposes of 28 U.S.C. § 1915(g). See Adepegba v.

Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). O’Dell is warned

that if he accumulates three “strikes” pursuant to § 1915(g), he

may not proceed IFP in any civil action or appeal filed while he

is incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See § 1915(g).

IFP MOTION DENIED; APPEAL DISMISSED; SANCTIONS WARNING

ISSUED.
I

106TH CONGRESS

2D SESSION H. R. 4816

To make technical corrections in United States Customs Service regulations

regarding the importation of goods bearing foreign owned trademarks

or trade names, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 10, 2000

Mr. LEVIN introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To make technical corrections in United States Customs

Service regulations regarding the importation of goods

bearing foreign owned trademarks or trade names, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the Secretary of the Treasury, acting through the

4 Commissioner of Customs, shall modify Customs Service

5 rules regarding restrictions on importation of gray market

6 articles set forth in part 133 of title 19, Code of Federal

7 Regulations, by providing relief from detention for re8 stricted gray market goods—
2

•HR 4816 IH

1 (1) bearing more than one trademark or trade

2 name; and

3 (2) for which the United States owner of any

4 trademark or trade name appearing on such goods

5 is the same as, a parent or subsidiary of, or party

6 otherwise subject to common ownership or control

7 with, any foreign owner of any other trademark or

8 trade name appearing on such goods.

9 SEC. 2. The effective date of any modification to Cus10 toms Service rules made pursuant to this Act shall be the

11 date of enactment of this Act.

Æ
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EDAS Meteorological DataSource★at 39.41 N 76.30 WMeters AGL
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

City of Albany, * From the 259th District Court

of Shackelford County,

Trial Court No. 2017-035.

Vs. No. 11-18-00051-CV * April 2, 2020

Diana Christine Blue and * Memorandum Opinion by Stretcher, J.

Elva Rae Sanders, (Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J.,

sitting by assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that there 

is error in the judgment below. Therefore, in accordance with this court’s 

opinion, the judgment of the trial court is reversed and the cause is remanded to 

the trial court. The costs incurred by reason of this appeal are taxed against

Diana Christine Blue and Elva Rae Sanders.
# ADR.gov

Federal Government's Alternative Dispute Resolution (ADR)
<PAGE>

                                                                    Exhibit 10-b

                             AMENDMENT OF MERGER OF
                           FIRST AMERICAN CORPORATION
                    SUPPLEMENTAL EXECUTIVE RETIREMENT PROGRAM


         Pursuant to resolutions adopted by the AmSouth Benefits Committee, the
First American Corporation Supplemental Executive Retirement Program (the "FAC
Program") is hereby amended as follows and merged into the AmSouth
Bancorporation Supplemental Retirement Plan (the "AmSouth Plan") effective
January 1, 2001, with the AmSouth Plan serving as the surviving plan.

         1. Effective December 31, 2000, the FAC Program is hereby amended to
provide that benefits to Participants under the FAC Program will be calculated
using the FAC Program terms and conditions through December 31, 2000 and such
benefits shall be subject to the terms and conditions of the FAC Program as it
exists as of December 31, 2000, including but not limited to the terms and
conditions governing the distribution of benefits. Effective December 31, 2000
no additional benefits will be accrued under the terms and conditions of the FAC
Program.

         2. The benefit of a participant in the FAC Program shall not be less
than such Participant's benefit, if any, under the terms of the FAC Program
immediately preceding the merger of the FAC Program with and into the AmSouth
Plan, and the FAC Program benefit, if any, shall be added to the AmSouth Plan
benefit, if any, for the total benefit.

         3. Effective January 1, 2001, the FAC Program will be and hereby is
merged with and into the AmSouth Plan, with the AmSouth Plan serving as the
surviving plan. Notwithstanding anything to the contrary herein, all benefits
accrued to Participants in the FAC Program through December 31, 2000, shall be
calculated using the FAC Program terms and conditions as in effect December 31,
2000 and such benefits shall be subject to such terms and conditions, including
but not limited to the terms and conditions governing the distribution of such
benefits. Effective December 31, 2000 benefit accruals under the terms of the
FAC Program shall cease. The FAC Program benefits shall not be less than the
accrued benefits under the terms of the FAC Program immediately preceding the
merger of the FAC Program into the Plan. A copy of the FAC Program as of
December 31, 2000 is attached hereto as Exhibit A. Effective January 1, 2001,
all benefits will be calculated under the terms and conditions of the Plan from
January 1, 2001 forward.

IN WITNESS WHEREOF, AmSouth Bank has caused this Amendment of Merger to be
executed by its duly authorized officers effective as of January 1, 2001.

                                  AMSOUTH BANK


                                  By: /s/ C. Dowd Ritter
                                      -----------------------------------------
                                          C. Dowd Ritter
                                          President and Chief Executive Officer

ATTEST:


/s/ Carl L. Gorday
-----------------------------
Assistant Secretary
Exhibit No. 21


  Madison Gas and Electric Company and Consolidated Subsidiaries

                  SUBSIDIARIES OF THE REGISTRANT


As of December 31, 1997, the Company owned 100 percent of the
voting securities of the following subsidiaries (all Wisconsin
corporations):

-  MAGAEL INC. - holds title to property acquired by the Company
   for future utility plant expansion and nonutility property.

-  Central Wisconsin Development Corporation - assists new and
   expanding businesses throughout Central Wisconsin by
   participating in planning, financing, property acquisition,
   joint ventures, and associated activities.

-  Great Lakes Energy Corp. - formed a joint venture on January
   1, 1997, with American Energy Management, Inc., and another
   gas marketing company that markets fuels and energy services
   to commercial and industrial customers. (See Item 7, page II-
   6, and Item 8, page F-17, for further discussion.)

-  Wisconsin Resources Corporation - Inactive.

-  North Central Technologies, Inc. - Inactive.

-  Mid America Technologies, Inc. - Inactive.

As of December 31, 1997, Great Lakes Energy Corp. owned 100
percent of the voting securities of the following subsidiary (a
Wisconsin corporation):

-  American Energy Management, Inc. - formed a joint venture on
   January 1, 1997, with Great Lakes Energy Corp. and another gas
   marketing company that markets nonregulated energy services,
   including the purchase and transportation of natural gas and
   other fuels for commercial and industrial customers. (See
   Item 7, page II-6, and Item 8, page F-17, for further
   discussion.)