alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UGI UTILITIES INC.
 COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES  EXHIBIT 12.1
 (Thousands of dollars)
 ThreeMonthsEndedDecember 31,
    
    
    Year Ended September 30,2009
    
    
    2009
    
    
    2008
    
    
    2007
    
    
    2006Earnings:Earnings before income taxes
    
    $
    58,636
    
    
    $
    125,554
    
    
    $
    123,977
    
    
    $
    122,766
    
    
    $
    80,544Interest expense
    
    
    10,637
    
    
    
    43,918
    
    
    
    39,065
    
    
    
    42,327
    
    
    
    24,102Amortization of debt discount and expense
    
    
    157
    
    
    
    625
    
    
    
    467
    
    
    
    462
    
    
    
    243Estimated interest component of rental expense
    
    
    405
    
    
    
    1,965
    
    
    
    1,619
    
    
    
    1,506
    
    
    
    1,675$
    69,835
    
    
    $
    172,062
    
    
    $
    165,128
    
    
    $
    167,061
    
    
    $
    106,564Fixed Charges:Interest expense
    
    $
    10,637
    
    
    $
    43,918
    
    
    $
    39,065
    
    
    $
    42,327
    
    
    $
    24,102Amortization of debt discount and expense
    
    
    157
    
    
    
    625
    
    
    
    467
    
    
    
    462
    
    
    
    243Allowance for funds used during
construction (capitalized interest)
    
    
    3
    
    
    
    160
    
    
    
    139
    
    
    
    179
    
    
    
    85Estimated interest component of rental expense
    
    
    405
    
    
    
    1,965
    
    
    
    1,619
    
    
    
    1,506
    
    
    
    1,675$
    11,202
    
    
    $
    46,668
    
    
    $
    41,290
    
    
    $
    44,474
    
    
    $
    26,105Ratio of earnings to fixed charges
    
    
    6.23
    
    
    
    3.69
    
    
    
    4.00
    
    
    
    3.76
    
    
    
    4.08
Case No. 13,948.

#### THOMPSON v. CARSON.

[Cited in Russell v. The Oriental. Case No. 12,-159. Nowhere reported; opinion not now accessible.!
Document

Exhibit 4.11



TENTH AMENDMENT TO THE 
RESTATED ARTICLES OF INCORPORATION
OF
HOME BANCSHARES, INC.


Pursuant to the Arkansas Business Corporation Act of 1987, as amended, Home BancShares, Inc. (the “Corporation”) does hereby adopt the following articles of amendment to its Restated Articles of Incorporation, dated March 12, 1999, as previously amended on October 23, 2003, March 9, 2005, April 18, 2005, May 9, 2007, January 9, 2009, January 13, 2009, April 18, 2013, April 21, 2016, and April 18, 2019: 
1.    The first sentence of Article SIXTH is hereby amended in its entirety to read as follows: 
    SIXTH:    The Board of Directors of this Corporation shall consist of not less than two (2) nor more than seventeen (17) persons, the exact number of directors within such minimum and maximum limits to be fixed and determined, from time to time, by resolution of majority of the full Board of Directors or by resolution of the shareholders at any annual or special meeting thereof.
EXECUTED this 5th day of April, 2022.


                          /s/ Brian Davis            
                        Brian Davis, Treasurer
#### UNITED STATES, Appellee v FRANKLIN D. DARBY, Airman Third Class, U. S. Air Force, Appellant

9 USCMA 416, 26 CMR 196

No. 11,177

Decided June 27, 1958

*Lieutenant Colonel Ellis L. Gottlieb*and *Lieutenant Colonel Robert 0. Rollman*were on the brief for Appellant, Accused.

*Major Fred C. Vowell*argued the cause for Appellee, United States. With him on the brief was *Lieutenant Colonel Robert W. Michels.*

Opinion of the Court

HOMER FERGUSON, Judge:

Accused was found guilty by a special court-martial of disrespectful language toward a superior noncommis-sioned officer, in violation of Article 91, Uniform Code of Military Justice, 10 USC § 891, of escape from lawful custody, in violation of Article 95, Uniform Code of Military Justice, 10 USC § 895, and of assault on an air policeman in the execution of his duties, in violation of Article 134, Uniform Code, supra, 10 USC § 934.

The president of the court-martial, in instructing upon the third charge, failed to advise that in order to find the accused guilty, the court must find that under the circumstances the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

We granted to determine whether the president’s failure to instruct a special court-martial in this regard constituted prejudicial error.

In United States v Gittens, 8 USCMA 673, 25 CMR 177, we held that where the accused was charged with assault upon an air policeman in violation of the Uniform Code of Military Justice, Article 134, supra, it was prejudicial error for the president of the special court-martial to fail to advise that in order to find the accused guilty, the court must find that under the circumstances the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of *417a nature to bring discredit upon the armed forces.

The president of the court should have so instructed in this instance. Therefore, we must reverse on this specification.

The findings of guilty of Charge III and the sentence are set aside. The record of trial is returned to The Judge Advocate General of the Air Force for resubmission to the board of review. The board of review may reassess the sentence upon the basis of the remaining findings of guilty, or order a rehearing.

Chief Judge Quinn concurs.

LatimeR, Judge

(dissenting):

I dissent.

The reasons for my present dissent may be gleaned from my dissenting opinion in United States v Gittens, 8 USCMA 673, 25 CMR 177, as it is buttressed by the opinion of the Court in United States v Grimes, 9 USCMA 272, 26 CMR 52.
| (logo) WELLS  FARGO | **Commercial  Mortgage Servicing**D1050-084,  8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|---------------------|-------------------------------------------------------------------------------------------------------------------|

** **

** **

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Referenceis hereby made to that certain Pooling and Servicing Agreement dated as ofApril 1, 2016, by and among DEUTSCHE MORTGAGE & ASSET RECEIVINGCORPORATION, as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as MasterServicer, MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION,as Special Servicer, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, WELLSFARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, Paying Agentand Custodian and PARK BRIDGE LENDER SERVICES LLC, as Operating Advisor andAsset Representations Reviewer with respect to Commercial Mortgage Pass-ThroughCertificates, Series 2016-C1 (the "Agreement"). Capitalized termsused herein not otherwise defined shall have the meanings assigned in theAgreement.

 

Pursuantto Section 10.11 of this Agreement, I, Daniel Bober, Executive Vice Presidentof Commercial Mortgage Services do hereby certify that:

 

1.       Areview of the activities of the Master Servicer during the period from January1, 2017 through December 31, 2017 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.       Tothe best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

 

INWITNESS WHEREOF, the undersigned has executed this Certificate as of the 28thday of February 2018.

 

/s/Daniel Bober

DanielBober

ExecutiveVice President 

WellsFargo Bank

 

 

| Wells Fargo Bank,  N.A. | (logo)  Together we’ll go far |
|-------------------------|-------------------------------------|
UGI UTILITIES INC.
COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES  EXHIBIT 12.1
(Thousands of dollars)
 NineMonthsEndedJune 30,
    
    
    Year Ended September 30,2010
    
    
    2009
    
    
    2008
    
    
    2007
    
    
    2006Earnings:Earnings before income taxes
    
    $
    148,147
    
    
    $
    125,554
    
    
    $
    123,977
    
    
    $
    122,766
    
    
    $
    80,544Interest expense
    
    
    31,842
    
    
    
    43,918
    
    
    
    39,065
    
    
    
    42,327
    
    
    
    24,102Amortization of debt discount and expense
    
    
    470
    
    
    
    625
    
    
    
    467
    
    
    
    462
    
    
    
    243Estimated interest component of rental expense
    
    
    1,243
    
    
    
    1,965
    
    
    
    1,619
    
    
    
    1,506
    
    
    
    1,675$
    181,702
    
    
    $
    172,062
    
    
    $
    165,128
    
    
    $
    167,061
    
    
    $
    106,564Fixed Charges:Interest expense
    
    $
    31,842
    
    
    $
    43,918
    
    
    $
    39,065
    
    
    $
    42,327
    
    
    $
    24,102Amortization of debt discount and expense
    
    
    470
    
    
    
    625
    
    
    
    467
    
    
    
    462
    
    
    
    243Allowance for funds used during
construction (capitalized interest)
    
    
    19
    
    
    
    160
    
    
    
    139
    
    
    
    179
    
    
    
    85Estimated interest component of rental expense
    
    
    1,243
    
    
    
    1,965
    
    
    
    1,619
    
    
    
    1,506
    
    
    
    1,675$
    33,574
    
    
    $
    46,668
    
    
    $
    41,290
    
    
    $
    44,474
    
    
    $
    26,105Ratio of earnings to fixed charges
    
    
    5.41
    
    
    
    3.69
    
    
    
    4.00
    
    
    
    3.76
    
    
    
    4.08
Exhibit 12.2

United Air Lines, Inc. and Subsidiary Companies    Computation of Ratio of Earnings to Fixed Charges    and Ratio of Earnings to Fixed Charges and Preferred Stock Dividend Requirements

Six Months Ended June 30,(In millions)

2008

2007Earnings (loss):Earnings (loss) before income taxes & adjustments for minority interest and equity earnings of affiliates

$
(3,328
)
$
243Add (deduct):Fixed charges, from below


409


469Interest capitalized


(10
)

(9
)Minority interest


(1
)

(1
)Earnings (loss) as adjusted

$
(2,930
)
$
702Fixed charges:Interest expensed and capitalized and amortization of debt discounts and issuance costs(a)

$
260

$
345Portion of rental expense representative of the interest factor


149


124Fixed charges, as above


409


469Preferred stock dividend requirements (pre-tax)(b)


2


10Fixed charges including preferred stock dividends

$
411

$
479Ratio of earnings to fixed charges


(c
)

1.50Ratio of earnings to fixed charges and preferred dividend requirements


(c
)

1.47


---

---



QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7378

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WILLIAM SIGNAL GARDNER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District

Judge. (CR-98-40, CA-00-260-7)

Submitted: December 14, 2000 Decided: December 20, 2000

Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Signal Gardner, Appellant Pro Se. Anthony Paul Giorno,

OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

William Signal Gardner seeks to appeal the district court’s

order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. See United States v. Gardner, Nos. CR-98-40;

CA-00-260-7 (W.D. Va. filed Aug. 23; entered Aug. 24, 2000). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>


<ARTICLE>                                           UT
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   JUN-30-2000
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      518,852
<OTHER-PROPERTY-AND-INVEST>                    138,361
<TOTAL-CURRENT-ASSETS>                         209,790
<TOTAL-DEFERRED-CHARGES>                       23,554
<OTHER-ASSETS>                                 906,405
<TOTAL-ASSETS>                                 1,796,962
<COMMON>                                       283,221
<CAPITAL-SURPLUS-PAID-IN>                      174
<RETAINED-EARNINGS>                            189,866
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 473,261
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<LONG-TERM-DEBT-NET>                           522,184
<SHORT-TERM-NOTES>                             0
<LONG-TERM-NOTES-PAYABLE>                      14,262
<COMMERCIAL-PAPER-OBLIGATIONS>                 0
<LONG-TERM-DEBT-CURRENT-PORT>                  859
<PREFERRED-STOCK-CURRENT>                      0
<CAPITAL-LEASE-OBLIGATIONS>                    15,932
<LEASES-CURRENT>                               390
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 770,074
<TOT-CAPITALIZATION-AND-LIAB>                  1,796,962
<GROSS-OPERATING-REVENUE>                      344,989
<INCOME-TAX-EXPENSE>                           28,898
<OTHER-OPERATING-EXPENSES>                     264,769
<TOTAL-OPERATING-EXPENSES>                     293,667
<OPERATING-INCOME-LOSS>                        51,322
<OTHER-INCOME-NET>                             3,052
<INCOME-BEFORE-INTEREST-EXPEN>                 54,374
<TOTAL-INTEREST-EXPENSE>                       19,713
<NET-INCOME>                                   34,661
<PREFERRED-STOCK-DIVIDENDS>                    0
<EARNINGS-AVAILABLE-FOR-COMM>                  34,661
<COMMON-STOCK-DIVIDENDS>                       20,265
<TOTAL-INTEREST-ON-BONDS>                      31,578
<CASH-FLOW-OPERATIONS>                         30,032
<EPS-BASIC>                                    2.46
<EPS-DILUTED>                                  2.46




</TABLE>
UGI UTILITIES INC.
COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES  EXHIBIT 12.1
 (Thousands of dollars)
 SixMonthsEndedMarch 31,
    
    
    Year Ended September 30,2010
    
    
    2009
    
    
    2008
    
    
    2007
    
    
    2006Earnings:Earnings before income taxes
    
    $
    142,249
    
    
    $
    125,554
    
    
    $
    123,977
    
    
    $
    122,766
    
    
    $
    80,544Interest expense
    
    
    21,361
    
    
    
    43,918
    
    
    
    39,065
    
    
    
    42,327
    
    
    
    24,102Amortization of debt discount and expense
    
    
    313
    
    
    
    625
    
    
    
    467
    
    
    
    462
    
    
    
    243Estimated interest component of rental expense
    
    
    805
    
    
    
    1,965
    
    
    
    1,619
    
    
    
    1,506
    
    
    
    1,675$
    164,728
    
    
    $
    172,062
    
    
    $
    165,128
    
    
    $
    167,061
    
    
    $
    106,564Fixed Charges:Interest expense
    
    $
    21,361
    
    
    $
    43,918
    
    
    $
    39,065
    
    
    $
    42,327
    
    
    $
    24,102Amortization of debt discount and expense
    
    
    313
    
    
    
    625
    
    
    
    467
    
    
    
    462
    
    
    
    243Allowance for funds used during
construction (capitalized interest)
    
    
    7
    
    
    
    160
    
    
    
    139
    
    
    
    179
    
    
    
    85Estimated interest component of rental expense
    
    
    805
    
    
    
    1,965
    
    
    
    1,619
    
    
    
    1,506
    
    
    
    1,675$
    22,486
    
    
    $
    46,668
    
    
    $
    41,290
    
    
    $
    44,474
    
    
    $
    26,105Ratio of earnings to fixed charges
    
    
    7.33
    
    
    
    3.69
    
    
    
    4.00
    
    
    
    3.76
    
    
    
    4.08
# C_2017144EN.01001002.xml

| 8.5.2017 | EN | Official Journal of the European Union | C 144/10 |
| --- | --- | --- | --- |

8.5.2017

EN

Official Journal of the European Union

C 144/10

---

Judgment of the Court (Eighth Chamber) of 9 March 2017 — Samsung SDI Co. Ltd, Samsung SDI (Malaysia) Bhd v European Commission

(Case C-615/15 P) (1)

1

((Appeal - Agreements, decisions and concerted practices - Global market for cathode ray tubes for television sets and computer monitors - Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation - Fines - Guidelines on the method of setting fines (2006) - Point 13 - Determination of the value of sales relating to the infringement))

(2017/C 144/13)

Language of the case: English

Parties

Parties

Appellants: Samsung SDI Co. Ltd, Samsung SDI (Malaysia) Bhd (represented by: M. Struys, A. Fall, L. Eskenazi and C. Erol, avocats)

Appellants:

Other party to the proceedings: European Commission (represented by: A. Biolan, G. Meessen and H. van Vliet, Agents)

Other party to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Samsung SDI Co. Ltd and Samsung SDI (Malaysia) Bhd to pay the costs. |
| --- | --- |

2.

Orders Samsung SDI Co. Ltd and Samsung SDI (Malaysia) Bhd to pay the costs.

---

(1)  OJ C 27, 25.1.2016.

1

---
June 16, 1960

No. 64352.

protest 58/19304.

#### R. Greenspan & Co. *v.*United States,

Plaintiff’s application for rehearing granted.
**Exhibit 31.2**

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

**PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, David T. Evans, certify that: 

1. I have reviewed this AnnualReport on Form 10-K of Cardlytics, Inc. (the “registrant”); 

2. Based on my knowledge, this reportdoes 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 coveredby this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial 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(s) and I are responsible for establishing and maintaining 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 causedsuch 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, particularlyduring the period in which this report is being prepared; 

(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures 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 theregistrant’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 overfinancial reporting; and 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internalcontrol 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 arereasonably 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’sinternal control over financial reporting. 

Date: March 19, 2018
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM  THE
CONDENSED CONSOLIDATED BALANCE SHEET AND INCOME STATEMENT OF UGI UTILITIES, INC.
AND SUBSIDIARIES AS OF AND FOR THE NINE MONTHS ENDED JUNE 30, 2000 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS IN UGI
UTILITIES, INC.'S QUARTERLY REPORT ON FORM 10-Q FOR THE NINE MONTHS ENDED JUNE
30, 2000
</LEGEND>
<CIK> 0000100548
<NAME> UGI UTILITIES, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                           3,060
<SECURITIES>                                         0
<RECEIVABLES>                                   43,922
<ALLOWANCES>                                     2,734
<INVENTORY>                                     22,197
<CURRENT-ASSETS>                                75,852
<PP&E>                                         848,452
<DEPRECIATION>                                 285,451
<TOTAL-ASSETS>                                 713,893
<CURRENT-LIABILITIES>                          165,437
<BONDS>                                        157,919
<PREFERRED-MANDATORY>                           20,000
<PREFERRED>                                          0
<COMMON>                                        60,259
<OTHER-SE>                                     171,939
<TOTAL-LIABILITY-AND-EQUITY>                   713,893
<SALES>                                        368,574
<TOTAL-REVENUES>                               368,574
<CGS>                                          185,822
<TOTAL-COSTS>                                  185,822
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 2,109
<INTEREST-EXPENSE>                              13,755
<INCOME-PRETAX>                                 81,346
<INCOME-TAX>                                    31,538
<INCOME-CONTINUING>                             49,808
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    49,808
<EPS-BASIC>                                          0<F1>
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>
There are no publicly held shares outstanding
</FN>






</TABLE>
No. 46884

#### Protest 807717-G of New York Mdse. Co. (New York).

Opinion by

Oliver, P. J.

It was stipulated that the atomizers in question are composed in chief value of decorated glass and are similar to those the subject of Abstract 44140. The claim at 60 percent under paragraph 218 (f) was therefore sustained.