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Exhibit 10.44

 

Montpelier Re Holdings Ltd.
 2014 Annual Bonus Plan

 

Purpose

 

The purpose of this Plan is to increase the intrinsic business value of Montpelier Re Holdings Ltd. and its  operating subsidiaries (the “Company”) by aligning employee performance with the interests of the Company’s owners. All active full-time employees of the Company shall be eligible to participate in the Plan.

 

Performance Targets

 

The Plan shall be tied to a calendar year performance cycle consistent with the Company’s fiscal year. Annual bonus pool targets for categories of employees and an overall Company performance target under the Plan shall be set by the Company’s Compensation and Nominating Committee (the “Committee”).  At the conclusion of the calendar year, the Committee shall judge Company performance against the bonus pool targets when determining the final size of the bonus pools and the level of payout for each employee. At lower levels of the Company employee individual performance is also considered. The Company’s Chief Executive Officer, in consultation with the Committee, shall then recommend the distribution of the pool to individual Plan participants who are non-executive officers of the Company. The Committee shall approve any payments to the Company’s executive officers.

 

Bonus Pool Targets

 

For the 2014 calendar year, the annual bonus pool targets for the Company’s officers and all remaining Company staff shall be the following percentages of eligible salaries:

 

	
Performance
    	
 
    	
Group A
    	
 
    	
Group B
    	
 
    	
Group C-G
    	
 
    
	
Minimum
    	
 
    	
0
    	
%
    	
0
    	
%
    	
0%
    	
 
    
	
On Target
    	
 
    	
100
    	
%
    	
75
    	
%
    	
10-50%
    	
 
    
	
Superior
    	
 
    	
200
    	
%
    	
150
    	
%
    	
10-100%
    	
 
    


 

Eligible salaries for all officers and staff shall be equivalent to the 2014 base salaries of Plan participants (as in effect on April 1, 2014), pro-rated in the case of any officer or staff member actively employed by the Company for less than the entire 2014 calendar year.
#### TRUCK INSURANCE EXCHANGE, Petitioner, v. Bonnie GRAHN, Respondent.

No. 91SC695.

Supreme Court of Colorado, En Banc.

Oct. 30, 1992.

ORDER OF COURT

Upon consideration of the record on appeal, together with the written and oral arguments of counsel, and now being sufficiently advised in the premises,

IT IS THIS DAY ORDERED that the previously granted writ of certiorari shall be, and the same hereby is, DENIED as having been improvidently granted.
Second Department,

April, 1991

(April 1, 1991)

#### Russell Alberti, an Infant, by His Father and Natural Guardian, Rosario Alberti, Respondent, et al., Claimant, v State of New York, Appellant.

(Claim No. 77007.)

In a claim for damages for personal injuries, the State of New York appeals from a judgment of the Court of Claims (Rossetti, J.), dated August 22, 1989 which, after a nonjury trial, is in favor of the infant claimant and against it in the principal sum of $24,000.

Ordered that the judgment is affirmed, with costs.

The infant claimant, a 10 ^-year-old boy, was injured when he struck a wooden pole while sledding down a hill at a public park owned and maintained by the State of New York. A landowner has a general duty to those using his or her property to maintain it in reasonably safe condition to prevent the occurrence of foreseeable injuries *(see, Basso v Miller,*40 NY2d 233; *see also, Turcotte v Fell,*68 NY2d 432; *Diven v Village of Hastings-on-Hudson,*156 AD2d 538). We agree with the Court of Claims’ conclusion that the infant claimant’s injuries were foreseeable and that the State of New York failed to maintain its property in a reasonably safe condition. The placement of wooden poles directly adjacent to the sledding area maintained by the State distinguishes this case from *Nagawiecki v State of New York*(150 AD2d 147), which involved an expert skier who collided with a pole outside the area of normal skiable terrain. Bracken, J. P., Kunzeman, Kooper and Harwood, JJ., concur.
Exhibit 8
LIST OF SUBSIDIARIES             **JURISDICTION OF**  **SUBSIDIARY COMPANY** **ORGANIZATION**I. EMPAQUES DE CARTÓN TITÁN, S.A. DE C.V. Mexico  A. Cartonpack, S.A. de C.V. Mexico II. DURANGO INTERNACIONAL, S.A. DE .C.V Mexico  A. Durango International, Inc. New Mexico, U.S.A.  B. Durango McKinley Paper Company New Mexico, U.S.A. III. COMPAÑÍA PAPELERA DE ATENQUIQUE, S.A. DE C.V. Mexico IV. PONDEROSA INDUSTRIAL DE MÉXICO, S.A. DE C.V. Mexico V. PORTEADORES DE DURANGO, S.A. DE C.V. Mexico  A. Ecoreciclajes Omega, S.A. de C.V. Mexico VI. ADMINISTRACIÓN CORPORATIVA DE DURANGO, S.A. DE C.V. Mexico VII. GRUPO PIPSAMEX, S.A. DE C.V. Mexico  A. Fábricas de Papel Tuxtepec, S.A. de C.V. Mexico  B. Fábrica Mexicana de Papel, S.A. de C.V. Mexico  C. Fibras de Durango, S.A. de C.V. Mexico  D. Papeles Forma-Todo, S.A. de C.V. Mexico  E. Fiber Management of Texas, Inc. Texas, U.S.A.  F. Ectsa International, Inc. Texas, U.S.A. VIII. INDUSTRIAS CENTUARO, S.A. DE C.V. Mexico IX. ENVASES Y EMPAQUES DE MÉXICO, S.A. DE C.V. Mexico
**Exhibit 32.1**

 

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

 

RE:     Certification pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

 

Ladies and Gentlemen:

 

In connection with the Quarterly Report of SandRidge Mississippian Trust I (the “Trust”) on Form 10-Q for the quarterly period ended September 30, 2016 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, not in its individual capacity but solely as the Trustee of the Trust, certifies pursuant to 18 U.S.C. § 1350, that to its knowledge:

 

(1)                                     The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 Trust.

 

The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a separate disclosure document.

 

 
|   | /s/   Sarah Newell                                                                                 |
|--------|----------------------------------------------------------------------------------------------------|
|   | Sarah   Newell                                                                                     |
|   | Vice   President                                                                                   |
|   | The   Bank of New York Mellon Trust Company, N.A.,   as Trustee of SandRidge Mississippian Trust I |

 

November 7, 2016

 

----
- - 1

Defense Finance and Accounting Service 

MOCAS Specific: Purpose Code 

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Directions to use the cage code or zip code to find 

the DCMA office and pay office information. 

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Click “PCM: Purpose 

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Environment (PIEE) website 

PCM Lookup Directions 

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PCM Lookup Directions 

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press “Enter” 

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Exhibit 32.1

CERTIFICATION of CEO and CFO 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 of FS Energy and Power Fund (the "Company") for the three months ended
September 30, 2017, as filed with the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), Michael C. Forman, as Chief Executive Officer of the Company, and Edward T.
Gallivan, Jr., as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to my knowledge:



Dated:
November 13, 2017



/s/ MICHAEL C. FORMAN Michael C. Forman
Chief Executive Officer/s/ EDWARD T. GALLIVAN, JR. Edward T. Gallivan, Jr.
Chief Financial Officer


---



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#### Stephen E. VALDES, Appellant, v. Lucian ZACK, Appellee.

No. 71-383.

District Court of Appeal of Florida, Third District.

July 2, 1971.

PER CURIAM.

Appeal dismissed.
#### The People of the State of New York, Respondent, v Wardell Ross, Appellant.

Judgment unanimously reversed on the law and new trial granted. Memorandum: Because the court charged that the People relied on both direct and circumstantial evidence, without specifically instructing to which charge each type of evidence applied, the jury could not have known of its duty to apply the circumstantial evidence standard to a substantial portion of the prosecution’s case *(see, People v Sanchez,*61 NY2d 1022, 1023). Moreover, with respect to the charges of burglary, larceny and criminal mischief, the circumstantial evidence charge given by the trial court was inadequate because it did not state that the inference of guilt must be drawn fairly and reasonably from the facts, and that the evidence must exclude beyond a reasonable doubt every reasonable hypothesis of defendant’s innocence *(see, People v Sanchez, supra,*at 1024). Failure to so charge requires reversal and a new trial *(see, People v Ford,*66 NY2d *1009428, 441-442; *People v Ball,*162 AD2d 989; *People v Rodriquez, 134*AD2d 153, 154).

The court properly denied defendant’s motion to suppress. The police articulated a sufficient basis to question defendant *(see, People v De Bour,*40 NY2d 210, 219) and to detain him for a limited time *(see, People v Hicks,*68 NY2d 234, 240-243). Thereafter, they acquired probable cause to arrest him *(see, People v Bigelow,*66 NY2d 417, 423). (Appeal from Judgment of Supreme Court, Erie County, Kubiniec, J.—Burglary, 3rd Degree.) Present—Denman, J. P., Green, Balio, Lowery and Davis, JJ.
EXHIBIT 31.1 CERTIFICATION PURSUANT TO SECTION 302CHIEF EXECUTIVE OFFICER CERTIFICATION I, Joseph Tansey, Chief Executive Officer of Garrison Capital Inc., certify that: 1.

          I have reviewed this Quarterly Report on Form 10-Q of Garrison Capital Inc.; 2.

          Based on my knowledge, this report does 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 covered by this report; 3.

          Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material 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 and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: a)

          Designed such disclosure controls and procedures, or caused such 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, particularly during the period in which this report is being prepared; b)

          [Omitted]; c)

          Evaluated the effectiveness of the registrants disclosure controls and procedures 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 d)

          Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrant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 over financial reporting; and 5.

          The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control 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 are reasonably 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s internal control over financial reporting. Date: November 5, 2013 By:

          /s/ Joseph TanseyJoseph TanseyChief Executive Officer
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#### In the Matter of Ira Weitzenberg, Appellant, v Nassau County Civil Service Commission et al., Respondents.

In a *614proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Civil Service Commission, dated February 1, 1988, which denied his application to take a civil service examination for the position of Office Services Supervisor, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Molloy, J.), entered October 31, 1989, which dismissed the petition.

Ordered that the judgment is affirmed, with costs.

The petitioner in this case applied to take an open competitive examination given by the Nassau County Civil Service Commission for the position of Office Services Supervisor. The minimum qualifications for taking the examination were a Bachelor’s Degree and five years of progressively responsible experience in office management, including two years of supervisory work. Work experience could be substituted for education on a year-to-year basis. Since the petitioner only received three years of college credit, he was required to have six years of progressively responsible experience in office management, including two years of supervisory work, in order to take the examination.

The petitioner’s application to take the examination was denied by the Civil Service Commission on the ground that he only possessed one and one-half years of the applicable work experience. Since the petitioner claimed to have over six years of applicable work experience, he commenced this proceeding pursuant to CPLR article 78 challenging the Civil Service Commission’s determination. The Supreme Court dismissed the petition, finding that the Civil Service Commission’s determination had been reasonable and proper. We affirm.

It is the function of the Civil Service Commission to fix fair and reasonable standards for testing the qualifications of applicants for appointment to the civil service *(see, Matter of Cowen v Reavy,*283 NY 232). This court will not interfere with the Civil Service Commission’s discretion in determining the qualifications of candidates unless the decision is so irrational and arbitrary as to warrant judicial intervention *(see, Matter of Kirchgessner v Hurlbut,*81 AD2d 958; *Matter of Metzger v Nassau County Civ. Serv. Commn.,*54 AD2d 565). In this case, the Civil Service Commission determined that the petitioner’s work experience as a bookkeeper and Accounting Assistant II did not meet the requisite office management experience necessary to take the examination for Office Services Supervisor. We find that the Civil Service Commission’s determination was supported by substantial evidence and was *615not arbitrary, capricious, or an abuse of discretion. Mangano, P. J., Bracken, Kunzeman and Kooper, JJ., concur.
**EXHIBIT 23.1**

 

**CONSENT OF CHAPMAN PETROLEUM ENGINEERING, LTD**

**INDEPENDENT PETROLEUM ENGINEERS**

 

To the Board of Directors

BMB Munai, Inc.

 

We hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (No. 333-146831) of BMB Munai, Inc. of our “Reserve and Economics Evaluation” dated June 10, 2009 included in this annual report on Form 10-K for the year ended March 31, 2009. 

 

/s/ Charlie Chapman

Chapman Petroleum Engineering, Ltd.

Calgary, Alberta, Canada

June 11, 2009
<PAGE>


                                                                    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 Annual Report of First Community Corporation
(the "Company") on Form 10-KSB for the period ended December 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Mark A. Gamble, the President and principal executive officer of the Company,
certify, pursuant to 18 U.S.C. ss. 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
Company.

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

Date:  March 30, 2004

     /s/  Mark A. Gamble
------------------------------------
Mark A. Gamble
President of First Community Corporation and
            President and Chief Executive Officer of First Community Bank
(Principal Executive Officer of the Small Business Issuer)