alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AMENDED AND RESTATED  CHANGE IN CONTROL AGREEMENT
 Company Executive
    Effective Date
   Definitions and Interpretation Rules
 Defined Terms
 Accrued Obligations
 Additional Obligations
  Affiliate 




---



##### 



 Assets 
  the Company 
  Base Compensation  including excluding Base Compensation
  Beneficial Owner  Beneficial Ownership
  Board 
  Cause 
  Change in Control 
  -2-




---



##### 



Asset Sale unless
     Code 
  Committee  Committee provided however
  Company 
 -3-




---



##### 



 Disability 
  Effective Date 
  Employee 
  Employment Termination Date 
  Entity 
  ERISA 
  Exchange Act 
  Excise Tax 
  Executive 
 Expiration Date
  Good Reason  Change in Control Potential Change in Control
    -4-




---



##### 



 Gross-Up Payment 
 -5-




---



##### 



 Highest Base Compensation 
 Incumbent
Director 
    Incumbent Directors
   IRS 
  Merger 
  Pension Plan 
  Perquisites 
  Person 
 Potential Change in Control 
   -6-




---



##### 



 Section 409A 
  Section 409A Disability   Section 409A Disability 
  Separation From Service 
  Specified Employee 
  Specified Owner 
      -7-




---



##### 



 Termination of Employment 
  Termination of Employment
  Voting Securities 
 Number and Gender
 Term of Agreement
 Term Expiration Date
 Compensation
 Equity Based Compensation
 -8-




---



##### 



Benefits Following Termination of Employment
 Severance Payment Based Upon Base Compensation
 Pension Plan
 Accident and Health Insurance Benefits Continuation Period
 -9-




---



##### 



Perquisites
 Retiree Medical
 Interest Amount Interest
Amount
 -10-




---



##### 



Gross-Up Payments Total Payments Gross-Up Payment
 Tax Counsel Auditor
   -11-




---



##### 



Legal Fees
 -12-




---



##### 



Time of Benefits Payments
 Termination Procedures And Compensation During Dispute
 Notice of Termination Notice of Termination
 Employment Termination Date Employment Termination Date Employment
Termination Date
 Dispute Concerning Termination
 -13-




---



##### 



Compensation During Dispute
 Withholding
 Death of the Executive
 Amendment
 Miscellaneous
 Agreement Not an Employment Contract
  -14-




---



##### 



Alienation Prohibited
 Severability
 Binding Effect
 Settlement of Disputes Concerning Benefits Under this Agreement; Arbitration AAA
 -15-




---



##### 



No Mitigation
 Other Amounts Due
 Notices
 -16-




---



##### 



Disputed Payments and Refusals to Pay
 Funding Rabbi
Trust
 Governing Law
 Compliance With Section 409A .
 Entire Agreement
 -17-




---



##### 



IN WITNESS WHEREOF
 FURMANITE CORPORATIONBy:
    /s/ Howard C. WadsworthName:
    Howard C. WadsworthDate:
    December 31, 2008Title:
    Senior Vice PresidentEXECUTIVEBy:
    /s/ Joseph E. MillironAddress:  2435 N Central ExpresswayRichardson, Texas 75080 -18-
No. 59602.

protest 247195-K (New York).

#### Lana, Inc. *v.*United States,

*359Opinion by

*Ford, J.*

*In*accordance with stipulation of counsel that the merchandise consists of knit or crocheted articles, without fringe, not infants’ outerwear or hats, bonnets, caps, berets, or similar articles, wholly or in chief value of wool, valued at more than $5 per pound, the claim of the plaintiff was sustained.
No. 46739.

#### Protests 862087-G, etc., of Associate British Manufacturers et al. (New York).

Opinion by

Walker, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
* 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. 99-41020

Summary Calendar

 

ANTHONY CHANEY

Plaintiff - Appellant

versus

JEFF WITTERSTAETER, Correctional Officer III; HAZEL KITCHEN,

Lieutenant; ORLANDO JOHNSON, Correctional Officer III;

SHENANE BOSTON, Counsel; JIMMY ROLLO, Captain; MELTON BROCK,

Warden; BRAD DRISKELL, Correctional Officer III; JONATHAN 

HEATON, Correctional Officer III; TAMMY JOHNSON, 

Correctional Officer III; UP TAYLOR, Correctional Officer II;

HENRY REECE, Sergeant; LELAND HEUSZEL, Warden; JOHN TAYLOR;

UNIDENTIFIED MATTENHOFFER, Nurse; JAMES WARREN; ROY SIMON; 

TAMMY WHITE; VERNON JOHNSON

Defendants - Appellees

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:96-CV-111

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

September 26, 2000

Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges.

PER CURIAM:*

Anthony Chaney (“Chaney”), Texas state prisoner #656210,

filed a pro se lawsuit, pursuant to 42 U.S.C. § 1983, alleging

that numerous prison officials violated his constitutional rights

under the Eighth and Fourteenth Amendments. The district court
No. 99-41020

-2-

granted the defendants’ motions for summary judgment and

dismissed Chaney’s claims.

We have reviewed the briefs and the record. We have not

reviewed the amended complaint in case number 9:96-CV-138 because

it is not part of the record. See Sweet Life v. Dole, 876 F.2d

402, 408 (5th Cir. 1989). We conclude that granting summary

judgment in favor of the defendants was correct for essentially

the same reasons set forth by the district court in its

comprehensive opinions. See Chaney v. Witterstaetter, No. 9:96-

CV-111 (E.D. Tex. June 29, 1999); Chaney v. Witterstaetter, No.

9:96-CV-111 (E.D. Tex. August 5, 1999). Chaney’s motion for the

appointment of counsel on appeal is DENIED.

AFFIRMED; MOTION DENIED.
EXHIBIT 10.6

                           Promissory Note

$4258.00                                             December 31, 2002
                                                     Newport Beach, CA


  On Demand  for value received the undersigned promises to pay in
lawful money of the United States of America to the order of Mezzanine
Associates, LLC, nominee or assignee, the sum of Four Thousand TWO Hundred
Fifty Eight Dollars ($4258.00), with interest from December 31, 2002 until
paid at the rate of ten percent (10%) per annum).

  Should interest not be paid, it shall thereafter bear interest as the
principal, but such unpaid interest so compounded shall not exceed an amount
equal to simple interest on the principal at the maximum rate permitted by
law.  The undersigned hereby waives presentment of payment, protest, notice
of protest, notice of nonpayment, and diligence in bringing suit, and further
agrees, in case suit is instituted, to collect this Promissory Note or any
portion thereof, to pay such additional sum for attorneys' fees as the Court
may adjudge reasonable in such suit.


                                    Mezzanine Investment Corporation


                                    By: /s/ Eric Chess Bronk
                                    Eric Chess Bronk, President
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


March 18, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Zacks Diversified Equity &
Corporate Bond Trust, Series 8


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Zacks Diversified Equity & Corporate Bond Trust, Series 8 set forth above (the
“Trust”). We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated
therein reflect our evaluation of such Securities as of close of business on March 17, 2015, in accordance with the valuation method
set forth in the Trust Indenture and Agreement. We consent to the reference to The Bank of New York Mellon as the party performing
the evaluations of the Trust Securities in the Registration Statement (No. 333-201834) filed with the Securities and Exchange Commission
with respect to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO________________


Gerardo Cipriano


Vice President
# C_2007010EN.01000501.xml

| 16.1.2007 | EN | Official Journal of the European Union | C 10/5 |
| --- | --- | --- | --- |

16.1.2007

EN

Official Journal of the European Union

C 10/5

---

Communication of the Commission concerning the date of mandatory application of the updated inventory and common nomenclature of ingredients employed in cosmetic products

(Text with EEA relevance)

(2007/C 10/07)

Under the terms of Article 6(1), introductory sentence, and 6(1)(g), sixth paragraph, of Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1) (Cosmetics Directive), the ingredients used in cosmetic products must be stated on the containers and packaging of cosmetic products, or on the packaging only, under their common nomenclature referred to in Article 7(2) or, failing this, under one of the nomenclatures set out in Article 5(a)(2), first indent.

1

To this end, under the terms of Article 5(a)(3) and Article 7(2), the Commission shall draw up a list and adopt a common nomenclature and keep these up to date.

On 8 May 1996 the Commission accordingly adopted Decision 96/335/EC establishing an inventory and a common nomenclature of ingredients employed in cosmetic products (2). The inventory and the nomenclature were to be in use from 1 January 1997.

2

On 9 February 2006 the Commission adopted Decision 2006/257/EC amending Decision 96/335/EC in order to update the inventory and common nomenclature of ingredients employed in the cosmetic products set out in the Annex to Decision 96/335/EC.

Decision 2006/257/EC was published in the Official Journal of the European Union on 5 April 2006 (3).

Official Journal of the European Union

3

The discussions with the Member States and representatives of the cosmetics industry enabled 1 February 2007 to be set as the economically and technically feasible deadline for the use of the updated inventory and nomenclature. From this date, under the terms of Article 6(1)(g), sixth paragraph, of the Cosmetics Directive, the labelling of cosmetic products placed on the market must comply with the inventory and common nomenclature arising from the update laid down in Decision 2006/257/EC.

In view of the absence of risk to human health, the Commission does not consider it necessary to withdraw cosmetic products placed on the market before 1 February 2007.

---

(1)  OJ L 262, 27.9.1976, p. 169.

1

(2)  OJ L 132, 1.6.1996, p. 1.

2

(3)  OJ L 97, 5.4.2006, p. 1.

3

---
#### The People of the State of New York, Respondent, v Carlton Sterling, Appellant.

[633 NYS2d 783]

—Judgment, *236Supreme Court, Bronx County (Frank Diaz, J.), rendered December 8, 1992, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s voluntary acquiescence in the compromise and resulting stipulation concerning his post-arrest videotaped hearsay statement "manifested * * * consent to the procedure” *(People v Santos,*193 AD2d 560, *lv denied*81 NY2d 1080) and "consent to the conduct now complained of renders his argument unpreserved for appellate review” *(People v Valle,*173 AD2d 879, 880, *Iv denied*78 NY2d 1015). The record is clear that defendant was satisfied with the compromise and abandoned his position that the videotape itself should come into evidence.

The trial court did not improvidently exercise its discretion in admitting into evidence a photograph of the murder scene after determining its probative value outweighed any prejudice to defendant *{People v Pobliner,*32 NY2d 356, 369-370, *cert denied*416 US 905; *People v Bell,*63 NY2d 796). Concur—Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4906 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4906

    To amend title 49, United States Code, to ensure that revenues 
 collected from passengers as aviation security fees are used to help 
    finance the costs of aviation security screening by repealing a 
   requirement that a portion of such fees be credited as offsetting 
      receipts and deposited in the general fund of the Treasury.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2024

 Mr. Markey (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
    To amend title 49, United States Code, to ensure that revenues 
 collected from passengers as aviation security fees are used to help 
    finance the costs of aviation security screening by repealing a 
   requirement that a portion of such fees be credited as offsetting 
      receipts and deposited in the general fund of the Treasury.

    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 ``Funding for Aviation Screeners and 
Threat Elimination Restoration Act'' or the ``FASTER Act''.

SEC. 2. REPEAL OF REQUIREMENT REGARDING CREDITING AND DEPOSIT OF A 
              PORTION OF AVIATION SECURITY FEES.

    (a) Repeal.--Section 44940 of title 49, United States Code, is 
amended--
            (1) in subsection (c), by striking paragraph (3);
            (2) in subsection (f)--
                    (A) by striking the heading and all that follows 
                through ``title 31,'' and inserting ``Deposit and 
                Availability of Fee.--Notwithstanding sections 1341, 
                1512 through 1519, and 3302 of title 31,'';
                    (B) by striking paragraph (1);
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (D) by amending paragraph (1), as so redesignated, 
                to read as follows:
            ``(1) shall be deposited into a separate account in the 
        Treasury, which shall be available to the Administrator for 
        expenditure notwithstanding any other law, including any 
        provision of section 1341(a)(1) of title 31 (commonly referred 
        to as the `Anti-Deficiency Act'), only to pay the costs of 
        activities and services for which the fee is imposed; and''; 
        and
            (3) by striking subsection (i).
    (b) Conforming Amendment.--Subsection (d)(4) of such section is 
amended by striking ``, other than subsection (i),''.
                                 <all>
```
**Exhibit 31.1****Certification**     I, Paul A. Lang, certify that:     1. I have reviewed this quarterly report on Form 10-Q of Arch Western Resources, LLC;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations 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 andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) [Reserved.]  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  (d) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.                                                               /s/ Paul A. Lang   Paul A. Lang   President   Date:August 14, 2007
**EXHIBIT 32.2**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Cano Petroleum, Inc. (the “Company”) on Form 10-QSB/A for the quarter ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael J. Ricketts, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 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 and 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.

 

A signedoriginal of this written statement required by Section 906 has been provided toCano Petroleum, Inc. and will be retained by Cano Petroleum, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

 
| November 15, 2004 | /s/ Michael J. Ricketts |   |
|-------------------|-------------------------|--------|
|              | Michael J. Ricketts     |
|              | Chief Financial Officer |
No. 44045.

#### Protest 948293-G of Hoffman La Roche, Inc. (New York).

Opinion by

Tilson, J.

The evidence showed that the bottles in question are not scientific, chemical, or laboratory bottles, and it was held that even if this were not true they would not be dutiable under paragraph 218 (a). The claim at 50 cents per gross under paragraph 217 was sustained.
No. 64863.

#### Frederik Lunning, Inc. *v.*United States,

protest 60/17364 (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of vases in mineral colors similar in all material respects to those the subject of Abstract 62694, the claim of the plaintiff was sustained.
**Exhibit 32.2**

 

Certification Pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002

 

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

I, Najam Saiduddin, ChiefFinancial officer of CalWest Bancorp, do hereby certify, in accordance with 18U.S.C. Section 1350, as created pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, to the extent that Section of that Act is applicable to theBancorp, that:

 

1.               The Quarterly Report on Form 10-QSB ofCalWest Bancorp for the quarterly period ended September 30, 2003 (the“Report”) fully complies with the requirements of Section 13 (a) or 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Bancorp.

 

 
| **Dated: November 12, 2003** | **/s/** | **Najam Saiduddin**         |   |
|------------------------------|---------|-----------------------------|--------|
|                         |    | **Najam Saiduddin**         |
|                         |    | **Chief Financial Officer** |

 

----
Exhibit 32.1








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 Kronos Worldwide, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Steven L. Watson, Chief Executive Officer of the Company, and I, Gregory M. Swalwell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.














/s/ Steven L. Watson


Steven L. Watson


Chief Executive Officer








/s/ Gregory M. Swalwell


Gregory M. Swalwell


Chief Financial Officer








May 3, 2011








Note:  The certification the registrant furnishes in this exhibit is not deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section.  Registration Statements or other documents filed with the Securities and Exchange Commission shall not incorporate this exhibit by reference, except as otherwise expressly stated in such filing.