alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.19**

 

**SECOND AMENDMENT TO EMPLOYMENT AGREEMENT**

 

**THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT**(“Amendment”)is made and entered into by and between **Cano Petroleum, Inc.**,a Delaware corporation with its principal executive offices in Fort Worth, Texas(the “Company”), and **Phillip Feiner**,an individual currently residing in Collin County, Texas (“Employee”),effective as of the 31st day of December, 2008 (the “AmendmentEffective Date”).

 

**WHEREAS**, the Company and Employee entered into that certainEmployment Agreement dated May 31, 2008, as amended by First Amendment toEmployment Agreement effective September 8, 2008 (the “Agreement”); and

 

**WHEREAS**, the Company and Employee desire to amend, alter,modify, and change the provisions of the Agreement to bring the provisions intocompliance with Section 409A of the Internal Revenue Code of 1986, asamended.

 

**NOW THEREFORE**, for and in consideration of the mutualbenefits to be obtained hereunder and other good and valuation consideration,the receipt and sufficiency of which are hereby acknowledged and confessed, theCompany and Employee do hereby agree to amend, alter, modify and change theAgreement, as of the Amendment Effective Date as follows:

 

**1.****                                     ****Section 12of the Agreement is hereby adding the following new sentence at the end of thefirst paragraph of said Section:**

 

Subjectto Section 18 below, all payments made pursuant to this Section 12shall be paid in a single lump sum within ten (10) days following Employee’stermination of employment, and any provision of in-kind benefits hereundershall not affect the in-kind benefits provided in any other taxable year.

 

**2.****                                     ****Exceptas specifically amended hereby, the Agreement remains in full force and effectas originally written**.

 

**Signatures**

 

Toevidence the binding effect of the covenants and agreements described above,the parties hereto have executed this Amendment effective as of the date firstwritten above.

 
|   | THE  COMPANY:             |
|--------|---------------------------|
|   |                      |
|   | **CANO  PETROLEUM, INC.** |
|   |                      |
|   |                      |
|   | By:                       |       /s/  S. Jeffrey Johnson |
|   |                      | S.  Jeffrey Johnson, Chairman and CEO |
|   |                      |
|   | EMPLOYEE:                 |
|   | ** **                |
|   |                      |
|   | By:                       |       /s/  Phillip Feiner |
|   |                      | Phillip  Feiner |

 

----
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00143-CV

STEVE JOHNSTON, MANDY 

GARNER ELLIS, RICKY ELLIS, 

AND EGW UTILITIES, INC.

APPELLANTS

V.

RIEX CO., L.P. D/B/A COWTOWN 

BOLT & GASKET CO.

APPELLEE

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

FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY

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

MEMORANDUM OPINION1 AND JUDGMENT

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

We have considered the parties’ “Joint Motion To Set Aside Judgment 

Pursuant To Settlement Agreement And Remand To The Trial Court.” 

The motion is GRANTED. We set aside without regard to the merits the 

trial court=s judgment and remand this case to the trial court for rendition of 

 

1See Tex. R. App. P. 47.4.
2

judgment in accordance with the parties’ agreement. See Tex. R. App. P. 

42.1(a)(2)(B); Innovative Office Sys., Inc. v. Johnson, 911 S.W. 2d 387, 388 

(Tex. 1995).

Costs of the appeal shall be paid by appellant, for which let execution 

issue. See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINIOT, J. 

DELIVERED: August 31, 2011
---

Exhibit 32.2

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

Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of
Title 18 of the United States Code), the undersigned officer of Gryphon Gold
Corporation, (the Company) does hereby certify with respect to the Quarterly
Report of the Company on Form 10-Q for the period ended September 30, 2010 (the
Report) 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.



Date: February 11, 2010

/s/ Matthew A.
FowlerMatthew A. Fowler Interim Chief Financial Officer, Principal
Financial and Accounting Officer



The foregoing certification is being furnished solely pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of
Title 18 of the United States Code) and is not being filed as part of the Report
or as a separate disclosure document.

---
(Reap. Dec. 10195)

#### Hoyt, Shepston & Sciaroni, a/c Interstate Utilities Corp. *v.*United States

Entry No. 27967.

(Decided March 6, 1962)

*Lawrence & Tuttle*for the plaintiff.

*William S. Orrielc, Jr.,*Assistant Attorney General, for the defendant.

Rao, Judge:

The instant appeal for reappraisement has been submitted for decision upon the following stipulation:

> *582IT IS HEREBY STIPULATED AND AGREED by and between tbe attorneys for tbe parties hereto, subject to tbe approval of tbe Court, that tbe above-entitled appeal for reappraisement is limited to tbe items marked “A” and initialed LEM, by Examiner Lawrence Muilenburg, and is abandoned in all other respects.

> IT IS FURTHER STIPULATED AND AGREED that as so limited the merchandise and tbe issues are the same in all material respects to the merchandise and issues involved in *Indussa Corp.*v. *United States,*C.A.D. 736 and that the record in said ease may be incorporated herein.

> IT IS FURTHER STIPULATED AND AGREED that the instant merchandise was appraised at the following list values less 27 percent discount plus 10 percent sales tax, plus export packing:

> Set 370 at 465 BF

> Set 371 at 690 BF

> Set 374 at 455 BF

> IT IS FURTHER STIPULATED AND AGREED that the prices at the time of exportation of the instant merchandise to the United States at which such or similar merchandise was freely offered for sale for home consumption to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade were the appraised unit values less 40 percent plus 10 percent sales tax plus packing as invoiced.

> IT IS FURTHER STIPULATED AND AGREED that this appeal may be submitted upon this stipulation.

Upon tbe agreed facts, I find foreign value, as that value is defined in section 402a (c) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, to be the proper basis for the determination of the values of the merchandise so marked and initialed and that such values were the appraised unit values, less 40 per centum, plus 10 per centum sales tax, plus packing, as invoiced.

Judgment will be entered accordingly.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JAMES CARLIN,

 Petitioner - Appellee,

 v.

VINCE CULLEN, Acting Warden, 

 Respondent - Appellant.

No. 08-16813

D.C. No. 3:06-cv-04145-SI

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Susan Illston, District Judge, Presiding

Submitted May 24, 2011** 

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Warden Vince Cullen appeals from the district court’s grant of James

Carlin’s 28 U.S.C. § 2254 petition for habeas corpus. We have jurisdiction under

28 U.S.C. § 2253, and we reverse and remand.

FILED

JUN 09 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
As the district court correctly held, Carlin’s petition is timely. The statute 1

of limitations was triggered on the date his administrative appeal was denied. See

Redd v. McGrath, 343 F.3d 1077, 1082 (9th Cir. 2003). Applying statutory tolling

to the period of time during which his state petitions were pending after that date,

and gap tolling to the short period of time between his petitions, his federal petition

is timely. See 28 U.S.C. § 2244(d)(1). 

2 08-16813

The district court granted Carlin relief on the ground that the state courts had

unreasonably applied clearly established federal law concerning due process, by

failing to satisfy California’s “some evidence” standard. While this appeal was

pending, the Supreme Court decided Swarthout v. Cooke, 131 S. Ct. 859 (2011)

(per curiam). In that case, the Court held that “it is no federal concern . . . whether

California’s ‘some evidence’ rule of judicial review (a procedure beyond what the

Constitution demands) was correctly applied.” Id. at 863. We accordingly reverse

the grant of relief.

Carlin argues that reversal is not required because the federal Constitution

requires a showing of some evidence of future dangerousness before states can

deny parole, and such evidence was lacking here. This contention is foreclosed. 

See id. at 862-63; Pearson v. Muntz, __ F.3d __, 2011 WL 1238007, at *5 (9th Cir.

Apr. 5, 2011). 

We remand for further proceedings on Carlin’s remaining claims.1

REVERSED and REMANDED.
EXHIBIT 35.1

SERVICER COMPLIANCE STATEMENT

I, Daniel J. Gardetto, certify that:



| | (a) | A review of the Servicers activities and of its performance under the applicable servicing agreement during the period from January 1, 2011 to
December 31, 2011 has been made under my supervision.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | To the best of my knowledge, based on such review, the Servicer has fulfilled all its obligations under the applicable servicing agreement in all material respects
throughout the aforementioned period.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated March 19, 2012



/s/ Daniel J. GardettoDaniel J. GardettoAssistant Treasurer ofFord Motor Credit Company LLC,as Servicer of Ford Credit Auto Owner Trust 2010-A
Month

Coal 

Delivered 

Tons Fuel Type

State of 

Origin

County of 

Origin Coal Seam

Fuel 

Shipment 

Method

Configuration 

ID

January 587,379 Bituminous Arizona Navajo N/A Train 1, 2, 3

February 381,091 Bituminous Arizona Navajo N/A Train 1, 2, 3

March 436,642 Bituminous Arizona Navajo N/A Train 1, 2, 3

April 570,520 Bituminous Arizona Navajo N/A Train 1, 2, 3

May 610,859 Bituminous Arizona Navajo N/A Train 1, 2, 3

June 621,391 Bituminous Arizona Navajo N/A Train 1, 2, 3

July 609,609 Bituminous Arizona Navajo N/A Train 1, 2, 3

August 667,083 Bituminous Arizona Navajo N/A Train 1, 2, 3

September 632,469 Bituminous Arizona Navajo N/A Train 1, 2, 3

October 475,963 Bituminous Arizona Navajo N/A Train 1, 2, 3

November 539,333 Bituminous Arizona Navajo N/A Train 1, 2, 3

December 550,378 Bituminous Arizona Navajo N/A Train 1, 2, 3

January 587,379 0.67 11.47 11,828

February 381,091 0.60 11.69 11,838

March 436,642 0.72 11.58 11,825

April 570,520 0.68 11.75 11,860

May 610,859 0.70 11.68 11,884

June 621,391 0.71 11.61 11,883

July 609,609 0.71 11.59 11,843

August 667,083 0.73 11.53 11,850

September 632,469 0.74 11.70 11,828

October 475,963 0.74 11.78 11,774

November 539,333 0.68 11.67 11,828

December 550,378 0.71 11.58 11,846

Black Mesa - Kayenta Mine Coal Delivered by Month for 2009

SRP Navajo Generating Station - Facility Code 4941

Coal Fuel Analysis

SRP Navajo Generating Station 

Ash Content 

%

Higher 

Heating 

Value, Btu/lb

Total Tons 

Delivered 

Sample 

Month Total Sulfur %
Boiler ID

Date of

the test

Unit Load

MW

Net

Generation

MWh net

Flue Gas

Moisture

Content

%

Flue Gas

Flow Rate

dscfm

Flue gas

Oxygen

content

%,dry

Flue Gas

Carbon

Dioxide

Content

%, dry

Flue Gas

Temperat

ure at

Sampling

Point

°F

Flue Gas

Pressure

at

Sampling

Point

atm

St

Tem

1 2005 811.6 754.2 13.40 2071134 118 0.847

2006 814.5 754.3 12.89 1997942 120 0.8512007 813.8 760.2 13.10 2002140 121 0.8462008 808.1 756.5 14.33 1938552 123 0.8402009 807.4 753.4 12.84 2162106 122 0.868

2 2005 807.9 747.9 14.20 1981447 119 0.847

2006 812.8 758.8 13.75 2003860 121 0.8312007 814.2 755.5 14.14 1978834 120 0.8452008 728.4 672.2 15.16 1853982 124 0.8392009 812.1 750.9 13.34 2047242 123 0.859

3 2005 805.2 740.1 14.00 1920232 119 0.845

2006 807.9 755.3 12.81 1969466 119 0.8452007 809.7 756.4 14.37 1918268 121 0.8472008 795.9 747.1 14.14 2017616 123 0.8362009 811.2 752.6 12.99 2097613 122 0.859

Not measured

NO

wh

SRP Navajo Generating Station ‐ Facility Code 4941

Emission Test Data
Boiler ID

Date of

the test PM PM10

PM filterable

(lb/MMBtu)

PM

Condensable

SO2

(lb/MMBtu)

CO

(lb/MMBtu)

1 2005 NA NA 0.026 NA NA NA

2006 NA NA 0.014 NA NA NA

2007 NA NA 0.015 NA NA NA

2008 NA NA 0.013 NA NA NA

2009 NA NA 0.013 NA NA NA

2 2005 NA NA 0.019 NA NA NA

2006 NA NA 0.018 NA NA NA

2007 NA NA 0.013 NA NA NA

2008 NA NA 0.019 NA NA NA

2009 NA NA 0.008 NA NA NA

3 2005 NA NA 0.031 NA NA NA

2006 NA NA 0.021 NA NA NA

2007 NA NA 0.018 NA NA NA

2008 NA NA 0.047 NA NA NA

2009 NA NA 0.010 NA NA NA

Emission Test Data

SRP Navajo Generating Station ‐ Facility Code 4941
Before the Second Division,

October 18, 1944

No. 49762.

#### Protest 110877-K of Samuel Danzig (New York).

Opinion by

Tilson, J.

It was agreed by counsel that certain items consist of hemp hats," not blocked or trimmed, and not bleached, dyed, colored, or stained, similar to those involved in *United States*v. *Armand Schwab*(30 C. C. P. A. 72, C. A. D. 218), which record was admitted in evidence. t In accordance therewith the court held the items in question to be dutiable at only 25 percent ad valorem as. claimed.
Exhibit 21.0





List of Subsidiaries



|                                    |  | Percentage |      | Jurisdiction or       
|----------------------------------- |  | ---------- | ---- | ----------------------
|Subsidiaries                        |  | Ownership  |      | State of Incorporation
|                                    |  |            |      |                       
|Naugatuck Valley Savings and Loan   |  |            | 100% |                       
|Naugatuck Valley Mortgage Servicing |  |            |      |                       
|Corporation  (1)                    |  |            | 100% |                       
|Church Street OREO One, LLC  (1)    |  |            | 100% |                       



| | (1) | Wholly owned subsidiaries of Naugatuck Valley Savings and Loan
| | --- | --------------------------------------------------------------
**Exhibit 32.2**

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

In connection with the Quarterly Report onForm 10-Q of The First Marblehead Corporation (the “Company”) forthe period ended March 31, 2007 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, John A. Hupalo SeniorExecutive Vice President and Chief Financial Officer of the Company, herebycertify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

(1)         The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)         Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

| Dated: May 10, 2007 |   | /s/ JOHN  A. HUPALO                                                 |
|--------------------------|--------|---------------------------------------------------------------------|
|                     |   | John A. Hupalo                                                      |
|                     |   | *Senior Executive Vice President and Chief  Financial Officer* |

 

A signed original of this written statement requiredby Section 906 has been provided to The First Marblehead Corporation andwill be retained by The First Marblehead Corporation and furnished to the SECor its staff upon request.

----
PROMISSORY NOTE

Winter Haven, Florida                                   Date: October 15th, 2000


PRINCIPAL AMOUNT:                   $250,000

INTEREST RATE:                      15% p.a.

DUE DATE:                           January 31, 2001


FOR VALUE RECEIVED the undersigned jointly and severally promise to pay to FIDRA
HOLDINGS LTD. or order, the sum of TWO HUNDRED FIFTY THOUSAND US DOLLARS (USD
$250,000) on January 31st, 2001, together with the interest at the rate of
Fifteen per cent (15%) per annum on the principal amount outstanding from time
to time, calculated from the date hereof and payable on the last day of each
month from and after October 31st, 2000, up until maturity and after maturity
until payment, PROVIDED that the Promissor may, in each year, calculated from
the date hereof, pay by way of accelerated repayment of principal, such amount
or amounts when aggregated together total up to, but not more than one quarter
(1/4) of the principal outstanding hereunder at any time, without notice or
bonus prior to maturity date.

Notice of Presentment, Protest and Dishonor are hereby waived.

FLORIDINO'S INTERNATIONAL HOLDINGS INC.


/s/ Nick Pirgousis
----------------------------
No. 65601.

#### Kaiser-Reismann Corporation *v.*United States,

protests 300581-K, etc. (New York).

*471Opinion by

Ford, J.

In accordance with stipulation of counsel that the items marked “0” consist of synthetic filaments similar in all material respects to those the subject of *Empire Brushes, Inc.,*and *Wood Niebuhr & Co.*v. *United States*(42 Cust. Ct. 145, C.D. 2078) and that the items marked “B” consist of fishing lines similar in use to the silk fishing lines involved in *J.M.P.R. Trading Corp., Alltransport, Inc.*v. *United States*(43 C.C.P.A. 1, C.A.D. 600), the claims of the plaintiff were sustained.
Exhibit 32.2

Section 906 CFO Certification

WRITTEN STATEMENT OF PRINCIPAL EXECUTIVE
OFFICER

PURSUANT TO SECTION 906 OF THE

SARBANES - OXLEY ACT OF 2002

The undersigned, the Chief Financial Officer and Chief Operating
Officer of FundCore Institutional Income Trust Inc. (the Company), hereby certifies that to his knowledge, on the date hereof:



| | (a) | the Form 10-K of the Company for the fiscal year ended December 31, 2010 filed on the date hereof with the Securities and Exchange Commission (the Report)
fully complies with the requirements of Section l3(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                                           
|-------------------- |  |  |  | ----------------------------------------------------------
|                     |  |  |  |                                                           
|                     |  | 
|Date: March 30, 2011 |  |  |  | /s/ Lee J. Taragin                                        
|                     |  |  |  | Lee J. Taragin                                            
|                     |  |  |  | Chief Financial Officer and
Chief Operating Officer       
|                     |  | 
|                     |  |  |  | (Principal Financial Officer and Chief Accounting Officer)
Exhibit 32(a)



                             TXU ENERGY COMPANY LLC
                       Certificate Pursuant to Section 906
                         of Sarbanes - Oxley Act of 2002
                              CERTIFICATION OF CEO


         The undersigned, T.L. Baker, President and Chief Executive of TXU
Energy Company LLC (the "Company"), DOES HEREBY CERTIFY that:

    1.   The Company's Quarterly Report on Form 10-Q for the period ended March
         31, 2004 (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.   Information contained in the Report fairly presents, in all material
         respects, the financial condition and results of operation of the
         Company.

         IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed this 14th day of May, 2004.




                                           /s/   T.L. BAKER
                                        ---------------------------------------
                                        Name:    T.L. Baker
                                        Title:   President and Chief Executive




A signed  original of this  written  statement  required by Section 906 has been
provided to TXU Energy  Company  LLC and will be retained by TXU Energy  Company
LLC and furnished to the  Securities  and Exchange  Commission or its staff upon
request.
Before the Third Division,

June 17, 1953

No. 57402.

protests 154656-K, 155234-K, and 158326-K (New York).

#### The Little Jones Co., Inc. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel and following *Ignaz Strauss & Co., Inc.*v. *United States*(28 Cust. Ct. 280, C. D. 1423), the items marked with the letter “A,” consisting of “leaf trays, duck trays, fish trays, backs and irons,” were held dutiable at 25 percent under paragraph 339, as modified by the trade agreement with the United Kingdom (T. D. 49753), as household utensils, composed wholly or in chief value of pewter, not plated with platinum, gold, or silver; and the items marked with the letter “B,” consisting of “cloisonne lily bowls and trays, enamel trays, boats and irons, and brass irons with soapstone and wood handles,” were held dutiable at 40 percent under paragraph 339 as household utensils, composed wholly or in chief value of copper or brass, not plated with platinum, gold, or silver.
Exhibit 4.Y




Exhibit 4.Y





PROMISSORY NOTE

  

  of


  Battle Mountain Gold Inc. ("BMG")

FOR VALUE RECEIVED, BMG promises to pay to Chet Idziszek of 8000 Old Mine Road, Powell River BC  V8A 0E9 ("Lender") the amount of $50,000.00 (fifty thousand dollars) plus interest at the rate of 6% (six per cent) per annum calculated from September 22, 2014 until the date or dates of repayment on a non-compounding basis not in advance, on the demand of the Lender provided cash funds of $100,000.00 or more have been received by BMG from the proceeds of one or more equity issuances by BMG prior to the time of the demand by the Lender.



Executed this 22nd day of September, 2014 on behalf of BMG by:





/s/ "Ian Brown"

Ian Brown
Chief Financial Officer


(having the authority to bind BMG)



E-676
No. 54767.

#### Schlumberger Well Surveying Corp. *v.*United States,

protests 147290-K, etc.

Plaintiff’s application for rehearing denied.