alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.1



 Exhibit 10.1 

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER 

THIS AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER (the “Amendment”) is made as of February 20, 2014, between
Firstbank Corporation, a Michigan corporation (“Firstbank”) and Mercantile Bank Corporation, a Michigan corporation (“Mercantile”). 

RECITALS 
 A. On August 14,
2013, Firstbank and Mercantile entered into an Agreement and Plan of Merger (the “Merger Agreement”). On December 12, 2013, the shareholders of each of Mercantile and Firstbank approved the Merger Agreement. The parties
are awaiting certain regulatory approvals necessary to complete the merger. 
 B. The parties agree that the Merger Agreement should be
amended to extend the End Date, as defined in Section 7.1.3 of the Merger Agreement, to allow additional time for the parties to obtain the necessary approvals for consummation of the Merger. 

NOW, THEREFORE, in consideration of the mutual promises contained in this Amendment and for other good and valuable consideration the receipt
of which is hereby acknowledged, Firstbank and Mercantile agree as follows: 
 1. Change of End Date. Section 7.1.3 of the
Merger Agreement is hereby amended by striking “March 31, 2014” and inserting in its place “June 30, 2014.” 
 2.
Full Force and Effect. Except as specifically set forth in this Amendment, the Merger Agreement shall remain in full force and effect without further amendment. 

3. General. Capitalized terms not defined in this Amendment shall have the meanings ascribed to them in the Merger Agreement. This
Agreement shall be governed, construed and enforced in accordance with the laws of the State of Michigan, without regard to conflicts of laws principles. 

4. Counterparts. This Amendment may be executed in any number of counterparts, which taken together shall constitute a single
instrument. 
 [Signatures appear on following page] 







 The parties have signed this Amendment effective on the date first set forth above. 

 

			
	FIRSTBANK CORPORATION
	
	/s/ Thomas R. Sullivan
	By:	 	Thomas R. Sullivan
	Its:	 	President and Chief Executive Officer
	
	MERCANTILE BANK CORPORATION
	
	 /s/ Charles E. Christmas 

	By:	 	 Charles E. Christmas

	Its:	 	 Senior Vice President,
 CFO &
Treasurer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-END>                              DEC-31-1997
<CASH>                                          1,273
<SECURITIES>                                        0         
<RECEIVABLES>                                       0
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                                    0 
<PP&E>                                      1,364,572
<DEPRECIATION>                                 65,626
<TOTAL-ASSETS>                              1,441,411
<CURRENT-LIABILITIES>                               0
<BONDS>                                       320,525
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                    50,000
<COMMON>                                          478
<OTHER-SE>                                    840,503
<TOTAL-LIABILITY-AND-EQUITY>                1,441,411
<SALES>                                       168,459 
<TOTAL-REVENUES>                              173,549
<CGS>                                               0         
<TOTAL-COSTS>                                  90,926 
<OTHER-EXPENSES>                               11,016
<LOSS-PROVISION>                                  200
<INTEREST-EXPENSE>                             20,292
<INCOME-PRETAX>                                51,154
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                            51,154
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                   51,154
<EPS-PRIMARY>                                    1.21
<EPS-DILUTED>                                    1.21
        

</TABLE>
#### The People of the State of New York, Respondent, v Patrick Scott, Appellant.

Motion by the defendant for reargument of an appeal from a judgment of the Supreme Court, Kings County, rendered July 13, 1988, which was determined by decision and order of this court dated February 19, 1991 (170 AD2d 627).

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is,

Ordered that the motion is granted only to the extent of (1) deleting from the decretal paragraph of the decision and order of this court dated February 19, 1991, the sentence "No questions of fact have been raised or considered.”, and (2) deleting the last sentence of the decision and order of this court dated February 19, 1991, and substituting therefor: "We *862have considered defendant’s remaining contentions and find them to be without merit.” and it is further,

Ordered that the motion is otherwise denied. Bracken, J. P., Hooper, Miller and Ritter, JJ., concur.
#### The People of the State of New York, Respondent, v Edgar Rodriguez, Appellant.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J., on suppression motion; Antonio Brandveen, J., at jury trial and sentence), rendered July 28, 1988, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him as a predicate felon to an indeterminate prison term of from seven to fourteen years, unanimously affirmed.

Defendant sold a glassine envelope containing heroin to an undercover police officer in exchange for two prerecorded five-dollar bills. The undercover officer involved in the drug purchase radioed a description of the defendant to his backup team. Shortly thereafter, the same officer watched and confirmed defendant’s arrest. A single prerecorded five-dollar bill was recovered from defendant upon his arrest.

Defendant challenges the summary denial of his pretrial omnibus motion which sought suppression of, *inter alia,*the prerecorded buy money or, alternatively, a *Dunaway/Mapp*hearing. The factual allegations in the moving papers claimed that at the time of defendant’s arrest, and immediately *subsequent*thereto, he was not engaged in any illegal activity or in open possession of contraband. While this may have been the result of a typographical error, we cannot presume that it was. The issue to be presented to the motion court is what did or did not transpire at the time of arrest and immediately *prior*thereto. Thus, defendant failed to carry his burden of setting forth factual allegations sufficient, if proved, to warrant suppression. *(See,*CPL 710.60 [3] [b].) Moreover, as to the prospective identification testimony, confirmatory identifications by police officers are generally not subject to suggestiveness, and on this basis a *Wade*hearing was properly denied. *(People v Hendricks,*159 AD2d 396, *lv denied*76 NY2d 736). Concur—Kupferman, J. P., Milonas, Rosenberger, Asch and Kassal, JJ.
----

----

III Upplysningar

Europeiska försvarsbyrån

----

UTLYSNING AV LEDIGA TJÄNSTER

(2005/C 33 A/01)

Europeiska försvarsbyrån har för avsikt att rekrytera följande:

Sista ansökningsdag är den 25 februari 2005. Poststämpelns datum gäller.

Närmare upplysningar (på engelska) samt ansökningshandlingar kan erhållas på rådets webbplats på följande adress: http://ue.eu.int (kontakter/lediga platser).

----
# C_2015367EN.01000903.xml

| 5.11.2015 | EN | Official Journal of the European Union | C 367/9 |
| --- | --- | --- | --- |

5.11.2015

EN

Official Journal of the European Union

C 367/9

---

EXECUTIVE AGENCY FOR SMALL AND MEDIUM-SIZED ENTERPRISES

Publication of the final accounts for the financial year 2014

(2015/C 367/34)

The complete version of the final accounts may be found at the following address:

https://ec.europa.eu/easme/en/about-easme

---
----

Notice of the impending expiry of certain anti-dumping measures

(2004/C 305/05)

2.   Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Division B-1), J-79 5/16, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

----

(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  Telex COMEU B 21877; fax (32-2) 295 65 05.

----
----

----

III Oznámenia

Rada

----

VEREJNÉ VÝBEROVÉ KONANIE NA VYMENOVANIE SUDCOV SÚDU PRE VEREJNÚ SLUŽBU EURÓPSKEJ ÚNIE

(2005/C 47 A/01)

----

(1)Ú. v. EÚ L 333, 9.11.2004, s. 7.

(2)Ú. v. EÚ L 33, 5.2.2005, s. 1.

----
CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

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

EXHIBIT 32.2

In connection with this Report on Form 10-Q for the three months ended December 31, 2015, or the Report, of PennantPark
Floating Rate Capital Ltd., or the Registrant, as filed with the Securities and Exchange Commission on the date hereof, I, Aviv Efrat, Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:

(1) 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) The information contained in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Registrant.



|               |  |                        
|-------------- |  | -----------------------
|/s/ Aviv Efrat
|Name:          |  | Aviv Efrat             
|Title:         |  | Chief Financial Officer
|Date:          |  | February 4, 2016
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2013-0789

 Directorate Identifier: 2013NM127AD

777-32-0083, R1 --- 2/17/11

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
1100 New York Avenue Northwest

Washington, DC 20527

Office +1 202.336.8400

dfc.gov

Summary of the March 6, 2024, DFC Board of Director Meeting

The DFC Board of Directors met at 2:10 PM, on March 6, 2024. In attendance were: Deputy Secretary

of State for Management and Resources Richard Verma, USAID Deputy Administrator Isobel Coleman, 

DFC Chief Executive Officer Scott Nathan, Secretary of Commerce Gina Raimondo, Deputy Secretary 

of Treasury Wally Adeyemo, Mr. Irving Bailey, Mr. Deven Parekh, and Mr. Christopher Vincze. 

During the March 6, 2024 meeting, the Board heard opening remarks from Deputy Secretary Verma, 

Deputy Administrator Coleman, Chief Executive Officer Nathan, and Secretary Raimondo. The Board 

then heard from Vice President of Agribusiness and Health James Polan and Acting Vice President of 

Investment Funds Mateo Goldman on the investment strategies for their respective offices. The Board 

next approved three transactions before hearing an update on Greenhouse Gas Accounting Standards, a 

review of DFC’s fiscal year 2023 sub-board transactions, and a report from the Board’s Risk 

Committee. The resolutions for approved projects are linked here. Following the General Session, the 

Board held an Executive Session and then adjourned at 4:10 PM.
Exhibit 32

 

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 Annual Report of CBCACQUISITION CORP. 1 (the "Company") on Form 10-Q for the period ended December 31, 2012, as filed with the Securitiesand Exchange Commission on the date hereof (the "Report"), the undersigned, Chief Executive Officer & Chief FinancialOfficer, certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatto his knowledge:

 

   1. The report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

   2. The information contained in the Report fairlypresents, in all material respects, the financial condition and results of operations of the Company.

 

 

 

 Date:  February 12, 2012                  By:/s/ Chi Wu

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

                                       ChiWu, CEO and CFO
#### Niederlehner, Gdn., Appellee, *v.*Weatherly, Chief of Police, et al., Appellees ; Peels, Appellant.

(No. 30713

Decided June 12, 1946.)

*Mr. Chester B. Shook, Mr. Arthur C. Fricke*and *Mr. Charles Hyman,*for appellee Ruth Niederlehner, Guardian.

*Mr. Lorenz L. Lemper,*for appellee Charles Schaub.

*Mr. Mitchell Wilby,*for appellant.

It is ordered and «.adjudged that this appeal as of right be, and the same hereby is, dismissed for the *698reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.
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 on Form 10-Q/A of Swisher Hygiene Inc. (the "Company") for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission (the "Report"), I, Thomas C. Byrne, Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:




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






February 19, 2013
/s/ Thomas C. ByrneThomas C. ByrnePresident and Chief Executive Officer

(Principal Executive 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 this Amended Annual Report of BMB Munai, Inc. (the            “Company”) on Form 10-K/A-2 for the year ended March 31, 2007, as filed            with the Securities and Exchange Commission on the date hereof (the            “Report”), I, Gamal Kulumbetov, Chief Executive Officer of the Company,            certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to 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 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. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Date: January 4, 2008 |                                     By:/s/ Gamal Kulumbetov |
|-----------------------|-----------------------------------------------------------------------------------------------------|

|   | Gamal Kulumbetov |
|--------|------------------|

|   | Chief Executive Officer |
|--------|-------------------------|
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

___________________________ No. 02

- 23

- 00492

- CV

___________________________

Origi nal Proceeding

Before Womack , Kerr, and Birdwell, JJ. Per Curiam Memorandum Opinion 

### I N RE 

### J ACE 

### Y ARBROUGH 

### , Relator2 MEMORANDUM OPINION

The court has considered relator Jace Yarbrough ’s petition for writ of

mandamus , r el ator’s s upplement to his p etition for w rit of m andamus , and r eal p art y
in i nterest Brent Allison Hagenbuch’s r esponse to r elato r ’s p etition fo r w rit of

m andamus and is of the opinion that relief sh ould be denied. Accordingly, relator’s petition for writ of mandamus is denied.

Per Curiam

Delivered : January 10, 2024
EXHIBIT 99.3


Exhibit 99.1  CERTIFICATIONS UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant  to  Section  906  of  the  Sarbanes-Oxley  Act of  2002,  each  of the
undersigned   certifies   that  this  annual  report  fully  complies  with  the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and that information contained in this periodic report fairly represents, in all
material respects, the financial condition and results of operations of CalPetro
Tankers (Bahamas II) Limited.

                                                    /s/ Tor Olav Troim
                                                    -----------------------
                                                    Tor Olav Troim
                                                    President
                                                    (Chief Executive Officer)


                                                    /s/ Kate Blankenship
                                                    -----------------------
                                                    Kate Blankenship
                                                    Director
                                                    (Chief Financial Officer)

                                                    Date:  June 30, 2003
Exhibit 1058 - Summary of Non-Employee Director Compensation



		

			Exhibit 10.58

		




		
			Cardtronics, Inc.
SUMMARY OF NON-EMPLOYEE DIRECTOR COMPENSATION
(As of December 31, 2013) 
		

		
			 
		

		
			The 2013 compensation paid to our non-employee directors consisted of:
		

		
			 
		

			
	
			
				 ·
			

			
	
			
			an annual award of restricted stock, valued at approximately $100,000 at the time of grant;




		
			 
		

			
	
			
				 ·
			

			
	
			
			an annual cash retainer of $50,000, with no additional fees paid for Board and committee meetings attended;




		
			 
		

			
	
			
				 ·
			

			
	
			
			an annual cash retainer of $50,000 for the Chairman of the Board;




		
			 
		

			
	
			
				 ·
			

			
	
			
			an annual cash retainer of $10,000 for each committee of which the director is a member, except the Finance Committee which is a per meeting payment of $1,250; and 




		
			 
		

			
	
			
				 ·
			

			
	
			
			an additional annual cash retainer of $5,000 for the chair of each committee, except the Finance Committee which is a per meeting payment of $1,500.
DEFENSE FINANCE AND ACCOUNTING SERVICE

U.S. Military Annuitant Pay

8899 E 56th Street

Indianapolis, IN 46249-1300

www.dfas.mil/retiredmilitary

 RESTART PAY CONFIRMATION - ANNUITANTS

Complete the information requested below. This Restart Pay Confirmation must be signed by 

a certifying officer OR notarized by a Notary Public.

A certifying officer can be one of the following: a Legal Services Office (court/law 

enforcement), Retiree Services/Activities Office (RSO/RAO), Survivor Services Office, SBP 

Counselor, or Disbursing Office at an armed forces base or post.

(DECEASED) MEMBER NAME (Last, First, MI) MEMBER SSN (Numbers only, no dashes)

ANNUITANT NAME (Last, First, MI) ANNUITANT SSN (Numbers only, no dashes)

 I CONFIRM THAT I AM ELIGIBLE TO CONTINUE RECEIVING ANNUITY PAY

ANNUITANT SIGNATURE 

CERTIFYING OFFICER NAME (Not required for Notary 

Public)

DATE (YYYYMMDD) 

 

 

CERTIFYING OFFICER TITLE

(Not required for Notary 

Public)

SEAL OF 

NOTARY PUBLIC 

(Not required for 

Certifying Officer)

SIGNATURE OF NOTARY PUBLIC OR CERTIFYING 

OFFICER

DATE (YYYYMMDD)

Mail your completed and signed document(s) to the address below, or fax toll-free to

800-982-8459, or upload a PDF of the completed document using our online upload tool at 

https://www.dfas.mil/askdfas. Please keep a copy for your records. 

Defense Finance and Accounting Service 

U.S. Military Annuitant Pay 

8899 E 56th Street 

Indianapolis, IN 46249-1300
<page>					                  EXHIBIT 32.02


CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 Annual Report of Morgan Stanley Spectrum
Technical L.P. (the ?Partnership?) on Form 10-K for the period
ended December 31, 2006, as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Lee Horwitz,
Chief Financial Officer of Demeter Management Corporation, the
general partner of the Partnership, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, that, to the best of my knowledge:
(1)	The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and
(2)	The information contained in the Report fairly presents,
in all material respects, the financial condition and
results of operations of the Partnership.









By:	  /s/	Lee Horwitz

Name:		Lee Horwitz
Title:	Chief Financial Officer

Date:		March 8, 2007

42:
----

|   | (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/ Jeffrey I. Badgley                   |   |
|--------|--------|------------------------------------------|--------|
|   |   | Jeffrey I. Badgley                       |   |
|   |   | President and Co-Chief Executive Officer |   |
#### Martin Garay, Appellant-Respondent, v Chester Soling, et al., Respondents-Appellants.

Defendants-respondents-appellants’ motion, wherein it seeks clarification of the decision and order of this Court entered on January 29, 1991 (169 AD2d 616), be and hereby is granted to the extent of ordering plaintiff-appellant-respondent to turn over to the partnership, for the account of the individual partners, one hundred percent of the management fees recovered in the underlying action, plus interest, without deducting the legal fees, costs and expenses incurred by plaintiff; and

Plaintiff-appellant-respondent’s cross-motion for reargument and modification is denied. Concur—Kupferman, J. P., Carro, Kassal and Smith, JJ.