alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         184,154
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         158,266
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 491,912
<CURRENT-LIABILITIES>                                0
<BONDS>                                        371,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            29
<OTHER-SE>                                      98,132
<TOTAL-LIABILITY-AND-EQUITY>                   491,912
<SALES>                                              0
<TOTAL-REVENUES>                                19,786
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              34,706
<INCOME-PRETAX>                               (14,920)
<INCOME-TAX>                                     3,656
<INCOME-CONTINUING>                           (11,264)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (11,264)
<EPS-PRIMARY>                                  (14.68)
<EPS-DILUTED>                                  (14.68)


</TABLE>
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.046-9 Manufacturer certification and labeling. ( a ) Each provision must be certified by the manufacturer as complying with the requirements of this subpart.
( b ) The container should be clearly and permanently marked with: ( 1 ) The name and address of the approval holder;
( 2 ) The U.S. Coast Guard Approval number;
( 3 ) The total food energy value of provisions in the container in calories and kiloJoules;
( 4 ) The lot number;
( 5 ) The month and year the provision was packed; and
( 6 ) The month and year of expiration (5 years after the date of packing).
( c ) The emergency provision must include waterproof instructions for use, assuming consumption of 3350 kiloJoules per person per day.
NEW YORK SUPERIOR COURT.

#### Henry Huenermund agt. The Erie Railway Company.

*Special*Term, October, 1874.

*Jurisdiction—trespass on real estate—land out of the state.*

This court has no jurisdiction of an action brought against a railroad company organized in this state for negligently causing sparks and burning wood to be thrown on the plaintiff’s trees and plants, and setting fire to and burning and damaging the trees and plants growing on the lands of the plaintiff, in the state of New Jersey, and ruining and destroying them.

Trespass for injuries to real estate or its corporeal hereditaments, cannot, be brought beyond the jurisdiction where the land is situated.

Demurrer to complaint.

*Charles Wehle,*for plaintiff.

*Mr.*McFarland, for defendant.

Speir, J.

The plaintiff claims to be the owner of lands immediately adjacent to the Hackensack branch of the Erie Railway, situated in Bergen county, in the state of Few-Jersey, which lands were planted with, and used, for the. cultivation of, valuable trees and plants. That' the defendant, is a corporation organized under the laws of the state of Few York, and is lessee of the railroad — the line called the “Hackensack Branch” of the Erie Railway—which was used and operated by the defendant exclusively. That the defendant, in running trains on this branch, negligently *56caused sparks and burning wood to be thrown on the plaintiff’s trees and plants, and set fire to, burned and damaged the trees and plants growing on the lands of the plaintiff, and ruined and destroyed them, and he claims damages to the amount of $5,000.

The plaintiff demurs that this court has no jurisdiction.

All the books agreed that, when the subject-matter in litigation is the ownership or possession of real estate, the action is essentially local, and the remedy must be sought in the state where the land is situated. It is also well settled, in accordance with this principle, that trespass for injuries to real estate cannot be brought beyond the jurisdiction where the land is situated, and that the difficulty or uncertainty of the remedy in the local forum will not authorise the courts of another state or district to entertain the suit.

It is an elementary principle in the law, that corporeal hereditaments are confined to land, which includes not only the ground or soil, but everything which is attached to the earth, whether by the course of nature — as trees, herbage and water — or by the hand of man, as houses and other buildings (3 *Kent's Com.,*531, *citing*Coke-Litt., 4 *a).*The king’s bench, in *Donaldson*agt. *Matthews*(4 *Term R.,*503), held that an action could not lie in England for the expulsion of the plaintiff from his house in Canada.

The above principles furnish the answer to the plaintiff’s case under all the aspects he claims, and these principles are carried out in the following cases: *Watts;*adm'r, agt. *King*(23 *Wend.,*483); 6 *Hill,*48 ; 2 *Denio,*639; 6 *Gray (Mass),*122.

The defendant must have judgment on the demurrer, with costs.
#### THE TOWN OF SECAUCUS v. BOARD OF PUBLIC UTILITY COMMISSIONERS ET AL.

Submitted October term, 1928

Decided January 3, 1929.

Before Justices Mintubn, Black and Campbell.

Eor the applicant, *William C. Asper.*

*Contra, William II. Speer*and *John 0. Bigelow.*

Peb Cubiam.

The application for the writ of *certiorari*is denied and the rule to show cause is discharged.
§ 190.20-20 Sleeping accommodations. ( a ) Where practicable, each licensed officer must be provided with a separate stateroom.
( b ) Sleeping accommodations for the crew must be divided into rooms, no one of which must berth more than 4 persons.
( c ) Each room must be of such size that there are at least 2.78 square meters (30 square feet) of deck area and a volume of at least 5.8 cubic meters (210 cubic feet) for each person accommodated. The clear head room must be not less than 190 centimeters (75 inches). In measuring sleeping accommodations any furnishings contained therein for the use of the occupants are not to be deducted from the total volume or from the deck area.
( d ) Each person shall have a separate berth and not more than one berth may be placed above another. The berth must be composed of materials not likely to corrode. The overall size of a berth must not be less than 68 centimeters (27 inches) wide by 190 centimeters (75 inches) long, except by special permission of the Commandant. Where two tiers of berths are fitted, the bottom of the lower berth must not be less than 30 centimeters (12 inches) above the deck. The berths must not be obstructed by pipes, ventilating ducts, or other installations.
( e ) A locker must be provided for each person accommodated in a room.
|EXHIBIT 32.2
|------------



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

The undersigned hereby certifies in her capacity as Chief Financial Officer of Belcrest Capital Fund LLC (the Fund), that based on her knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended September 30, 2006 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                            
|   



|Date: November 9, 2006
|----------------------



| | /s/ Michelle A. Green
Michelle A. Green
Chief Financial Officer
| | ---------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
# C_2013367EN.01000901.xml

| 14.12.2013 | EN | Official Journal of the European Union | C 367/9 |
| --- | --- | --- | --- |

14.12.2013

EN

Official Journal of the European Union

C 367/9

---

Judgment of the Court (Fifth Chamber) of 24 October 2013 — European Commission v Kingdom of Spain

(Case C-151/12) (1)

1

(Failure of a Member State to fulfil obligations - Environment - Directive 2000/60/EC - Framework for Community action in the field of water policy - Transposition of Articles 4(8), 7(2), 10(1) and (2) of and sections 1.3 and 1.4 of Annex V to Directive 2000/60 - Intracommunal and intercommunal river basins - Article 149(3) of the Spanish Constitution - Supplementing clause)

2013/C 367/14

Language of the case: Spanish

Parties

Parties

Applicant: European Commission (represented by: G. Valero Jordana, E. Manhaeve and B. Simon, Agents)

Applicant:

Defendant: Kingdom of Spain (represented by: A. Rubio González, Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 4(8), 7(2) and 10(1) and (2), and Sections 1.3 and 1.4 of Annex V, of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — Environmental objectives — Waters used for the abstraction of drinking water — Surface water — Intracommunal river basins

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by having failed to adopt all the measures necessary to transpose Articles 4(8), 7(2) and 10(1) and (2) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and section 1.3 and subsection 1.4.1(i) to (iii) of Annex V thereto, to which Article 8(2) of that directive refers, in respect of the intracommunal river basins outside Catalonia, and Articles 7(2) and 10(1) and (2) of Directive 2000/60 in respect of the intracommunal river basins in Catalonia, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by having failed to adopt all the measures necessary to transpose Articles 4(8), 7(2) and 10(1) and (2) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and section 1.3 and subsection 1.4.1(i) to (iii) of Annex V thereto, to which Article 8(2) of that directive refers, in respect of the intracommunal river basins outside Catalonia, and Articles 7(2) and 10(1) and (2) of Directive 2000/60 in respect of the intracommunal river basins in Catalonia, the Kingdom of Spain has failed to fulfil its obligations under that directive;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders the Kingdom of Spain to pay the costs. |
| --- | --- |

3.

Orders the Kingdom of Spain to pay the costs.

---

(1)  OJ C 174, 16.6.2012.

1

---
VICTOR WILSON,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-3081

Opinion filed August 11, 2014.

Petition for Writ of Prohibition -- Original Jurisdiction.

Victor Wilson, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

DENIED.

VAN NORTWICK, WETHERELL, and MAKAR, JJ., CONCUR.
# C_2014031EN.01000802.xml

| 1.2.2014 | EN | Official Journal of the European Union | C 31/8 |
| --- | --- | --- | --- |

1.2.2014

EN

Official Journal of the European Union

C 31/8

---

Judgment of the General Court of 10 December 2013 — Colgate-Palmolive Company v OHIM — dm-drogerie markt (360° SONIC ENERGY)

(Case T-467/11) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community word mark 360° SONIC ENERGY - Earlier international word mark SONIC POWER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 31/13

Language of the case: English

Parties

Parties

Applicant: Colgate-Palmolive Company (New York, New York, United States of America) (represented by: M. Zintler and G. Schindler, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2011 (Case R 1094/2010-2), concerning opposition proceedings between dm-drogerie markt GmbH & Co. KG and Colgate-Palmolive Company.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Colgate-Palmolive Company to pay the costs. |
| --- | --- |

2.

Orders Colgate-Palmolive Company to pay the costs.

---

(1)  OJ C 319 of 29.10.2011.

1

---
# C_2014212EN.01002502.xml

| 7.7.2014 | EN | Official Journal of the European Union | C 212/25 |
| --- | --- | --- | --- |

7.7.2014

EN

Official Journal of the European Union

C 212/25

---

Judgment of the General Court of 22 May 2014 — Guangdong Kito Ceramics and Others v Council

(Case T-633/11) (1)

1

((Dumping - Imports of ceramic tiles originating in China - Definitive anti-dumping duty - Non-cooperation - Necessary information - Time-limits provided - Facts available - Article 18(1) and (3) of Regulation (EC) No 1225/2009))

2014/C 212/30

Language of the case: English

Parties

Parties

Applicants: Guangdong Kito Ceramics Co. Ltd (Foshan, China); Jingdezhen Kito Ceramic Co. Ltd (Jingdezhen, China); Jingdezhen Lehua Ceramic Sanitary Ware Co. Ltd (Jingdezhen); Zhaoqing Lehua Ceramic Sanitary Ware Co. Ltd (Sihui, China) (represented by: M. Sánchez Rydelski, lawyer)

Applicants:

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, and initially by G. Berrisch, lawyer, and N. Chesaites, Barrister, and subsequently by D. Geradin, lawyer)

Defendant:

Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland, M. França and A. Stobiecka-Kuik, Agents); Cerame-Unie AISBL, (Brussels, Belgium); Asociación Española de Fabricantes de Azulejos y Pavimentos Cerámicos (ASCER) (Castellón de la Plana, Spain); Confindustria Ceramica (Sassuolo, Italy); Casalgrande Padana SpA (Casalgrande, Italy); and Etruria Design Srl (Modena, Italy) (represented by V. Akritidis and Y. Melin, lawyers)

Interveners in support of the defendant:

Re:

Re:

Application for annulment of Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China (OJ 2011 L 238, p. 1).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the applicants to bear their own costs and to pay those incurred by the Council of the European Union; |
| --- | --- |

2.

Orders the applicants to bear their own costs and to pay those incurred by the Council of the European Union;

| 3. | Orders the European Commission to bear its own costs; |
| --- | --- |

3.

Orders the European Commission to bear its own costs;

| 4. | Orders Cerame-Unie AISBL, Associación Española de Fabricantes de Azulejos y Pavimentos Cerámicos (ASCER), Confindustria Ceramica, Casalgrande Padana SpA and Etruria Design Srl to bear their own costs. |
| --- | --- |

4.

Orders Cerame-Unie AISBL, Associación Española de Fabricantes de Azulejos y Pavimentos Cerámicos (ASCER), Confindustria Ceramica, Casalgrande Padana SpA and Etruria Design Srl to bear their own costs.

---

(1)  OJ C 32, 4.2.2012.

1

---
EX-10.5





 Exhibit 10.5 

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT 

WHEREAS, General Nutrition Centers, Inc., a Delaware corporation (“GNCI”), GNC Holdings, Inc. a Delaware corporation
(“GNC Holdings” and collectively with GNCI the “Company”) and Ken Martindale (the “Executive”), are parties to an Employment Agreement dated as of September 11, 2017 (the “Employment Agreement”). 

WHEREAS, it is the desire of the Company and the Executive to mutually amend the Employment Agreement by adding the following to
Section 4.3(c)(iv): 
 “All grants made to Executive pursuant to the terms of a Restricted Cash Agreement and
Performance Cash Agreement by and between Executive and GNC Holdings, which are granted at the same time as and in lieu of an equity-based award, will be treated as Equity Award Agreements for all purposes of this Section 4.3(c)(iv).” 

Except as amended by the foregoing, the Employment Agreement shall remain in full force and effect. 

IN WITNESS WHEREOF, the Company and the Executive have executed this Agreement on this 18th day of June, 2020. 

 

					
	General Nutrition Centers, Inc.	 		  	GNC Holdings, Inc.
			
	      
	 		  	      

	Name: Susan M. Canning	 	                	  	Name: Steve Piano
	Position: VP, Secretary	 		  	Position: Chief Human Resources Officer
			
	      
	 		  	
	Ken Martindale, Executive
§ 182.500 General. ( a ) A vessel must be provided with a satisfactory arrangement for draining any watertight compartment, other than small buoyancy compartments, under all practicable conditions. Sluice valves are not permitted in watertight bulkheads.
( b ) A vessel of not more than 19.8 meters (65 feet) in length, carrying not more than 12 passengers, may meet the requirements of ABYC H-22 or the requirements in ISO 8846 and ISO 8849 (all three standards incorporated by reference; see 46 CFR 175.600), instead of those of this subpart, provided that each watertight compartment forward of the collision bulkhead is provided with a means for dewatering.
( c ) Special consideration may be given to vessels, such as high speed craft, which have a high degree of subdivision and utilize numerous small buoyancy compartments. Where the probability of flooding of the space is limited to external hull damage, compartment drainage may be omitted provided it can be shown by stability calculations, submitted to the cognizant OCMI, that the safety of the vessel will not be impaired.
[CGD 85-080, 61 FR 986, Jan. 10, 1996, as amended by USCG-2003-16630, 73 FR 65209, Oct. 31, 2008]
#### John W. Dean, *Plaintiff, v.*Seymour Bates, *Defendant*.

Motion denied, with ten dollars costs, unless plaintiff pays ten dollars costs, in each case, of last term and ten dollars costs of this motion.
Executive Order 13429

# Establishing an Emergency Board To Investigate a Dispute Between Metro-North Railroad and Its Maintenance of Way Employees Represented by the International Brotherhood of Teamsters

A dispute exists between Metro-North Railroad and its maintenance of way employees represented by the International Brotherhood of Teamsters. 

The dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151-188 (the “Act”). 

A first emergency board to investigate and report on this dispute and disputes of other employees represented by other labor organizations was established on December 7, 2006, by Executive Order 13417 of December 6, 2006. The emergency board terminated upon issuance of its report. Subsequently, its recommendations were not accepted by the parties. 

A party empowered by the Act has requested that the President establish a second emergency board pursuant to section 9A of the Act (45 U.S.C. 159a). 

Section 9A(e) of the Act provides that the President, upon such request, shall appoint a second emergency board to investigate and report on the dispute. 

NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States, including section 9A of the Act, it is hereby ordered as follows: 

**Section 1.***Establishment of Emergency Board (Board)*. There is established, effective April 6, 2007, a Board of three members to be appointed by the President to investigate and report on this dispute. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds.                     

**Sec. 2.***Report*. Within 30 days after the creation of the Board, the parties to the dispute shall submit to the Board final offers for settlement of the dispute. Within 30 days after the submission of final offers for settlement of the dispute, the Board shall submit a report to the President setting forth its selection of the most reasonable offer.                     

**Sec. 3.***Maintaining Conditions*. As provided by section 9A(h) of the Act, from the time a request to establish a second emergency board is made until 60 days after the Board submits its report to the President, the parties to the controversy shall make no change in the conditions out of which the dispute arose except by agreement of the parties.                               ( print page 18102)    

**Sec. 4.***Records Maintenance*. The records and files of the Board are records of the Office of the President and upon the Board's termination shall be maintained in the physical custody of the National Mediation Board.                     

**Sec. 5.***Expiration*. The Board shall terminate upon the submission of the report provided for in section 2 of this order.                    

[FR Doc. 07-1816

Billing code 3195-01-P