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

 

#### **SECTION 1350CERTIFICATIONS**

#### ** **

In connection with the Report of United Industries Corporation (the“Company”) on Form 10-Q for the period ending March 31, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the“Report”), I, Robert L. Caulk, President and Chief Executive Officer of theCompany, certify pursuant to 18 U.S.C. § 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)                                  The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 
| Dated: May  14, 2004 | By:    | /s/ ROBERT L. CAULK                                           |   |
|----------------------|--------|---------------------------------------------------------------|--------|
|                 | Name:  | Robert  L. Caulk                                              |
|                 | Title: | President, Chief Executive Officer and  Chairman of the Board |

 

 

In connection with the Report, I, Daniel J. Johnston, Executive VicePresident and Chief Financial Officer of the Company, certify pursuant to 18U.S.C. § 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)                                  The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 
| Dated: May  14, 2004 | By:    | /s/ DANIEL J. JOHNSTON                                                                                                           |   |
|----------------------|--------|----------------------------------------------------------------------------------------------------------------------------------|--------|
|                 | Name:  | Daniel J. Johnston                                                                                                               |
|                 | Title: | Executive Vice President, Chief  Financial Officer and Director  (Principal Financial Officer and  Principal Accounting Officer) |

 

----
First Amendment to Lease Agreement



 Exhibit 10.49 
 FIRST AMENDMENT TO 
 LEASE AGREEMENT 
 THIS FIRSTAMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made and entered as of February 6, 2004 (the
“Effective Date”) by and between ARE-5100/5110 CAMPUS DRIVE, L.P., a Delaware limited partnership (“Landlord”) and GENAERA CORPORATION, a Delaware corporation (“Tenant”).

 RECITALS 
 A.
Landlord and Tenant have previously entered into that certain Lease Agreement dated as of December 13, 2001 (the “Agreement”), whereby Tenant extended its right to occupy the certain premises located at 5110 Campus
Drive, Plymouth Meeting, Pennsylvania, as more particularly described in the Agreement, beyond the term of the “Prior Lease” (as such term is defined in the Agreement). 
 B. Landlord and Tenant now desire to amend the Agreement on and subject to the terms and conditions set forth herein to confirm the “Term” of
the Agreement. 
 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Landlord and Tenant agree as
follows: 
 1. Term. The “Commencement Date” shall be December 1, 2001 and the “Term” shall be the
“Base Term” (as such terms are defined in the Agreement). The Agreement shall therefore expire on November 30, 2007. 
 2.
Miscellaneous 
 (a) This Amendment shall be construed under and in accordance with the laws of the State where
the real property is located. 
 (b) This Amendment shall be binding upon and inure to the benefit of the parties hereto,
their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 
 (c) Except as
modified herein, the Agreement is hereby ratified and confirmed and shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall prevail.

 (d) The invalidity or unenforceability of any provision of this Amendment shall in no way affect the validity or
enforceability of any other provision hereof. 
 (e) The parties may execute this Amendment in one or more identical
counterparts, all of which when taken together will constitute one and the same instrument. 
 [Signatures begin on following page]








 EXECUTED in multiple originals as of the Effective Date. 
  

									
	LANDLORD:
	
	 ARE-5100/5110 CAMPUS DRIVE, L.P., a
 Delaware
limited partnership

		
	By:	 	AREE-HOLDINGS, L.P., a Delaware limited partnership, managing member
			
		 	By:	 	ARE-GP HOLDINGS QRS CORP., a Delaware corporation, general partner
				
		 		 	By:	 	/s/ Peter J. Nelson
		 		 	Name:	 	Peter J. Nelson
		 		 	Title:	 	Senior Vice President and
		 		 		 	Chief Financial Officer


 [Signatures continued on following page] 
  

 -2- 








 [Signatures continued from previous page] 
  

			
	TENANT:
	
	 GENAERA CORPORATION,
 a Delaware
corporation

		
	By:	 	/s/ John A. Skolas
	Name:	 	John A. Skolas
	Title:	 	Senior Vice President
		 	Chief Financial Officer
		 	and General Counsel


  

 -3-
§ 213.3 Cancellation. This circular cancels: ( a ) Attachments A and B to Annex 3 of DMO 3000.1, dated November 8, 1963 (28 FR 12273).
( b ) That portion of the memorandum of the Special Assistant to the President for Telecommunications, dated August 27, 1964, pertaining to message precedences.
Summary of unwritten employment contract for named executive officer



 EXHIBIT 10.18 
 Unwritten Employment Contract for named executive officer- February 2007. 
 Mr. Joseph F. McGuire, one of the named executive officers,
as set forth in the Summary Compensation Table is an “at will” employee and does not have a written employment agreement. 
 The Compensation
Committee has established Mr. McGuire’s current base annual salary at $127,500. 
 Mr. McGuire may receive bonus payments if granted by the
Compensation Committee. He is also eligible to receive grants of stock or options under the 2004 Employee Stock Incentive Plan and as a director may receive options under the 2004 Director Stock Option Plan. Any grants under the 2004 Employee Stock
Incentive Plan are set by the Compensation Committee. Grants under the 2004 Director Stock Option Plan are pursuant to a formula set forth in the plan. As an employee, he is eligible to receive employee benefits generally available to all employees
of the Company.
Belknap

Carroll

No. 81-256

#### Gavin J. Ruotolo *& a.*v. Benjamin Franklin Corporation

February 19, 1982

*Dickson, Fauver & Cooper,*of North Conway *(Randall F. Cooper*on the brief and orally), for the plaintiffs.

*Hamblett & Kerrigan P.A.,*of Nashua *(John V. Dwyer, Jr.,*and *James M. McNamee, Jr.,*on the brief, and *Mr. Dwyer*orally), for the defendant.

Memorandum Opinion

This is an appeal from a Superior Court *(Batchelder,*J.) decision denying the plaintiffs’ petition to enjoin foreclosure of a mortgage on eleven hundred acres of land in Alton. The mortgagors agree that the note has been in default for several years, that the mortgagee can legally foreclose, and that notice was proper.

*150The superior court has equitable powers under RSA 498:1 (Supp. 1979) to enjoin a mortgage foreclosure if the equities of the situation warrant. *Meredith v. Fisher,*121 N.H. 856, 858, 435 A.2d 536, 537 (1981).

Because of the substantial period of default, we find that the superior court did not err in denying the injunction on the ground that further delay would be inequitable. Nor do we find proof of a novation as the mortgagors allege.

*Affirmed.*

Batchelder, J., did not sit.
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#### § 19.735-201 Outside employment and other activity prohibited by the Communications Act.

Under section 4(b) of the Communications Act, at [47 U.S.C. 154(b)(2)(A)(iv)](https://www.govinfo.gov/link/uscode/47/154), no employee of the Commission may be in the employ of or hold any official relation to any person significantly regulated by the Commission under that Act. In addition, the Commissioners are prohibited by section 4(b) of the Communications Act, at [47 U.S.C. 154(b)(4)](https://www.govinfo.gov/link/uscode/47/154), from engaging in any other business, vocation, profession, or employment.

Note:

Under the Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission, at [5 CFR 3901.102](/on/2024-09-20/title-5/section-3901.102), professional employees of the Commission must obtain approval before engaging in the private practice of the same profession as that of the employee's official position, whether or not for compensation.
2007 Senior Executive Bonus Plan



 Exhibit 10.46 
 WILLIAM LYON HOMES 
 2007 SENIOR EXECUTIVE BONUS PLAN 
  

											
	BONUS PLAN
PARTICIPANT	 	% DEFERRED	 	DEFERRAL
CRITERIA	 	PAYMENT CRITERIA	 	DESCRIPTION	 	PAY DATE
	 CEO AND
COO
	 	25%	 	75% paid Year 1 25% paid Year 2 forfeited if terminated – except retirement, disability or death	 	3% of Company’s pre-tax, pre-bonus income each	 	 Based on:
  
 •     Management Level
  
 •     Position Impact w/
WLS
  
 •     Competitive Pay Levels
  
 •     Short-Term Compensation Target for the Position
  
 •     Current Salary
  
 •     Individual
Performance
	 	After year-end Audit
	 EVP
	 	25%	 	75% paid Year 1 25% paid Year 2 forfeited if terminated – except retirement, disability or death	 	 3/4 of 1% of
Company’s pre-tax, pre-bonus income	 	 Based on:
  
 •     Management Level
  
 •     Position Impact w/
WLS
  
 •     Competitive Pay Levels
  
 •     Short-Term Compensation Target for the Position
  
 •     Current Salary
  
 •     Individual
Performance
	 	After year-end Audit
	 CFO
	 	25%	 	75% paid Year 1 25% paid Year 2 forfeited if terminated – except retirement, disability or death	 	0.5% of the Company’s pre-tax, pre-bonus income	 	 Based on:
  
 •     Management Level
  
 •     Position Impact w/
WLS
  
 •     Competitive Pay Levels
  
 •     Short-Term Compensation Target for the Position
  
 •     Current Salary
  
 •     Individual
Performance
	 	After year-end Audit
	 REGION
PRESIDENTS
	 	25%	 	75% paid Year 1 25% paid Year 2 forfeited if terminated – except retirement, disability or death	 	 3% of Region’s pre-tax, pre-bonus Income after Corporate allocation
  
 minimum payment equal to 100% of annual salary
	 	 Based on:
  
 •     Management Level
  
 •     Position Impact w/
WLS
  
 •     Competitive Pay Levels
  
 •     Short-Term Compensation Target for the Position
  
 •     Current Salary
  
 •     Individual
Performance
	 	After year-end Audit

 Note: 
  

	 	•	 	 Plan requires the employee to be actively employed on the date bonus checks are distributed to qualify for payment except in event of death, disability or
retirement. 


  

	 	•	 	 Awards to be administered (including no discretion to increase) in order to comply with Section 162(m), if applicable. 


  

	 	•	 	 The Compensation Committee retains the discretion to increase the bonus of a participant in the event of an extraordinary performance, or decrease it in the case of
a substandard performance, and may make this determination on the basis of objective or subjective criteria, including, but not limited to, the pay levels of executives at other major homebuilders.
#### Chappell, et al. v. Frick Company.

(Decided January 30, 1917.)

Appeal from Leslie Circuit Court.

Judgment — Matters Concluded. — A judgment is conclusive not only of all defenses actually made, but of all defenses which might have been made to the action.

J. M. BICKNELL for appellants.

LEWIS *&*LEWIS and MILLER & WHEELER for appellee.

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

Wilson Chappell executed to the Frick Company six promissory notes. To secure their payment he and his wife executed a mortgage covering certain personal property and a tract of land containing about 250 acres. The Frick Company brought suit against the Chappells to recover on the notes and to enforce the mortgage lien. The deed under which the- Chappells held title contained the following provision: “The party of the seeond part is not to sell nor convey this land to any one, except the heirs of the party of the first part.” As a defense to the action, the Chappells pleaded that the *505mortgage was executed in violation of the foregoing provision of the deed and was, therefore, invalid. A demurrer was sustained to their answer and, upon their declining to plead further, personal judgment was rendered against both defendants and the' land ordered sold for the purpose of paying the debt, interest and costs. On appeal by the Chappells the personal judgment against Mrs. Chappell was reversed. In other respects the judgment was affirmed. Chappell v. Frick Company, 166 Ky. 311, 179 S. W. 203. Upon the return of the case judgment was entered in accordance with the mandate of this court. On the same day Mrs. Chappell filed her affidavit and motion to correct the original judgment, on the ground that she was a joint owner of the property mortgaged and the mortgage covered only her husband’s interest in the property and not her own. Being denied the relief prayed for, she appeals.

Mrs. Chappell presented her defenses in the original action. When a demurrer was sustained to her answer she declined to plead further. The defense now presented should have been presented then. Parties will not be permitted to defend by piecemeal. The former judgment was conclusive, not only of the defenses actually made, but of all defenses which Mrs. Chappell might have made to the action. It follows that the trial court did not err in refusing to amend the judgment. Jefferson, Noyes & Brown v. Western Nat. Bank, 144 Ky. 62, 138 S. W. 308; Wren v. Cooksey, et al., 156 Ky. 620, 159 S. W. 1167; C., N. O. & T. P. Ry. Co. v. McGuire, 169 Ky. 711, 185 S. W. 93.

Judgment affirmed.
Docket Number: FAA - 2012 - 0111
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, October 07, 2024. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, October 07, 2024 The Court of Appeals hereby passes the following order A25I0048. SHERIFF ASHLEY PAULK, IN HIS OFFICIAL CAPACITY AS SHERIFF OF LOWNDES COUNTY v. ELANA WILSON.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of State Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 2024SCV0121
#### § 32.2411 Poles.

This account shall include the original cost of poles, crossarms, guys and other material used in the construction of pole lines and shall include the cost of towers when not associated with buildings. This account shall also include the cost of clearing pole line routes and of tree trimming but shall exclude the cost of maintaining previously cleared routes.
EXHIBIT
32.01




Section 1350
Certification




In
connection with this annual report of ML Trend-Following Futures Fund L.P. (the
“Partnership”) on Form 10-K/A for the year ended December 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (this “Report”),
I, Justin C. Ferri, Chief Executive Officer, President and Manager of Merrill
Lynch Alternative Investments LLC, the general partner of the Partnership,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant of the
Sarbanes-Oxley Act of 2002, that:




1.  This
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 this Report fairly presents, in all material respects,
the financial condition and results of operations of the
Partnership.










Date: 
March 2, 2010





By /s/
JUSTIN C.
FERRI


Justin C.
Ferri


Chief
Executive Officer, President and Manager


(Principal
Executive Officer)
<PAGE>

                                                                    EXHIBIT 23.0





To the Board of Directors and Shareholders of
    GA Financial, Inc.:


We consent to incorporation by reference in the registration statements (Nos.
333-66107 and 333-37837) on Form S-8 of GA Financial, Inc. of our report dated
January 30, 2003 with respect to the consolidated statements of financial
condition of GA Financial, Inc. and subsidiaries as of December 31, 2002 and
2001 and the related consolidated statements of income and comprehensive income,
shareholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 2002 which report is incorporated by reference in the
December 31, 2002 Annual Report on Form 10-K of GA Financial, Inc.


/s/ KPMG LLP


Pittsburgh, Pennsylvania
March 31, 2003
---

Chief Executive Officer 
  EXHIBIT 31(a)

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANTTO RULE 13a-14 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED,
AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF2002

I, George Solymar, chief executive officer of Hendrx Corp.
(Registrant) certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB
(Report) of Registrant;

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 period presented in this Report;

4. I am 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 my supervision, to
ensure that material information relating to the Registrant, including its
consolidated subsidiaries, is made known to me 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 my 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 registrants 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. I have disclosed, based on my most recent evaluation, to the
Registrant's auditors and the audit committee of 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 controls 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
controls over financial reporting.

Date: November 14, 2007

___________________ George Solymar

---
No. 11-10065.

#### Arteaga-Tapia *v.*United States.

C. A. 11th Cir. Certiorari denied.
EXHIBIT 99.2

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

In connection  with the  Quarterly  Report of Y3K Secure  Enterprises  Software,
Inc., a Nevada corporation (the "Company"),  on Form 10-Q for the quarter ending
September 30, 2003 as filed with the  Securities  and Exchange  Commission  (the
"Report"), I, James Stephens, Vice President of the Company,  certify,  pursuant
to ss. 906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C. ss. 1350),  that to 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.


/s/ James Stephens
------------------
James Stephens
Vice President
November 14, 2003