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

Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parliament and of the Council on services in the internal market

(2005/C 43/06)

THE COMMITTEE OF THE REGIONS,

Having regard to the proposal for a Directive of the European Parliament and of the Council on services in the internal market (COM(2004) 2 final – 2004/0001 (COD));

Having regard to the decision of the Council of 20 February 2004 to consult it on this subject, under the first paragraph of Article 265 and Articles 71 and 80 of the Treaty establishing the European Community;

Having regard to the decision of its President of 5 April 2004 to instruct its Commission for Economic and Social Policy to draw up an opinion on this subject;

Having regard to the Commission Communication to the Council and the European Parliament entitled an internal market strategy for services (COM(2000) 888 final);

Having regard to its opinion CdR 134/2001 fin of 13 June 2001 (1) on the Commission Communication entitled an internal market strategy for services;

Having regard to the report from the Commission to the Council and the European Parliament entitled the state of the internal market for services (COM(2002) 441 final);

Having regard to the draft opinion CdR 154/2004 rev. 1 adopted on 6 July 2004 by its Commission for Economic and Social Policy (rapporteur: Mr Schröter, Chairman of the Thüringen Land Parliament's Committee for European and Federal Affairs (DE/EPP));

Whereas:

adopted the following opinion at its 56th plenary session held on 29 and 30 September 2004 (meeting of 30 September):

Comments and recommendations of the Committee of the Regions

1.   The Committee of the Regions' views

THE COMMITTEE OF THE REGIONS

2.   The Committee of the Regions' recommendations

THE COMMITTEE OF THE REGIONS

Brussels, 30 September 2004

The President

of the Committee of the Regions

Peter STRAUB

----

(1)OJ C 357 of 14.12.2001, p. 65

----
Exhibit


Exhibit 10(e)6


ALLETE Executive Annual Incentive Plan
Form of Award
Effective 2016
[Eligible Executive Employees]


Target Award Opportunity






	
		
	Base Salary
	$

	 
	 

	Times
	 

	 
	 

	Award Opportunity (percent of base salary)
	%

	 
	 

	Equals
	 

	 
	 

	Target Award 
	$






Performance Levels and Award Amounts




	
			
	Goal Performance Level
	Payout as Percent of 
Target Award
	Award Amount 

	Superior
	200% 
	$

	Target
	100% 
	$

	Threshold
	37.5% 
	$

	Below Threshold
	0% 
	$








Goals


	
									
	 
	 
	 
	 
	 
	 
	 
	Goal

	 
	 
	 
	 
	 
	 
	 
	Weighting

	 
	Financial Goals
	 
	 
	 
	 
	 

	 
	 
	Net Income 
	50%

	 
	 
	Cash from Operating Activities
	 
	25%

	 
	 
	 
	 
	 
	 
	 
	 

	 
	Strategic & Operational Positioning Goals
	 
	 
	 
	  25% 

	 
	 
	 
	 
	 
	 
	 
	100%






Compensation Subject to Compensation Recovery Policy


Annual Incentive Plan Compensation is subject to recoupment as defined in the Compensation Recovery policy.
Exhibit 32.1



CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Form 10-K/A of Security Bank Corporation (the Company) for the year ending December 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), H. Averett Walker, Chief Executive Officer of the Company, and James R. McLemore, Chief Financial and Accounting Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his/her knowledge 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 operation of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



/s/    H. AVERETT WALKERH. AVERETT WALKERChief Executive OfficerOctober 19, 2005/s/    JAMES R.
MCLEMOREJAMES R. McLEMOREChief Financial and Accounting OfficerOctober 19, 2005




This certification accompanies
this Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as
amended.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000925054
<NAME>                        Spectrian Corp./DE/

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              MAR-31-1999
<PERIOD-START>                                 APR-01-1998
<PERIOD-END>                                   MAR-31-1999
<CASH>                                          26,254
<SECURITIES>                                    36,417
<RECEIVABLES>                                   13,371
<ALLOWANCES>                                       388
<INVENTORY>                                     20,826
<CURRENT-ASSETS>                                 3,464
<PP&E>                                          63,015
<DEPRECIATION>                                  34,547
<TOTAL-ASSETS>                                 128,412
<CURRENT-LIABILITIES>                           27,545
<BONDS>                                          4,899
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       134,809
<OTHER-SE>                                     (38,841)
<TOTAL-LIABILITY-AND-EQUITY>                   128,412
<SALES>                                         99,331
<TOTAL-REVENUES>                                99,331
<CGS>                                           96,880
<TOTAL-COSTS>                                   96,880
<OTHER-EXPENSES>                                43,050
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              (3,687)
<INCOME-PRETAX>                                (36,912)
<INCOME-TAX>                                        59
<INCOME-CONTINUING>                            (36,971)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (36,971)
<EPS-BASIC>                                    (3.50)
<EPS-DILUTED>                                    (3.50)



</TABLE>
#### Century 21-Oakdale Properties et al., Appellants, v A.J. Rosati, Respondent.

Motion for reargument and clarifi*1073cation denied. Memorandum: Defendant’s motion for reargument was based on an order outside the record on appeal and an argument not raised in his brief on appeal. Thus, neither can be considered. Present—Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.
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<PAGE>


                                                                  EXHIBIT 23.1

                     CONSENT OF INDEPENDENT ACCOUNTANT


We consent to the incorporation by reference in the registration statements
of Summit Design, Inc. on Form S-8 (File Nos. 333-18063, 333-47481, 333-32551
and 333-47545) and Form S-3 (File No. 333-46557 and 333-44003) of our report
dated January 30, 1998 on our audits of the consolidated financial statements
and financial statement schedule of Summit Design, Inc., as of December 31,
1997 and 1996 and for each of the three years in the period ended
December 31, 1997, which report is included in this Annual Report on Form 10-K.

                                        /s/ COOPERS & LYBRAND L.L.P.

                                        Portland, Oregon
                                        March 30, 1998
Exhibit 32.1  SECTION 1350 CERTIFICATION  In connection with the quarterly report of Aristocrat Group Corp. (the “Company”) on Form 10-Q for the period ended April 30, 2016 as filed with the Securities and Exchange Commission (the “Report”), I, Christopher Brown, President 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:  1.The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.   Date: August 8, 2016BY: /s/ Christopher BrownChristopher BrownPresident, Secretary, Treasurer, Principal Executive Officer,
Principal Financial and Accounting Officer and Sole Director  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
Exhibit 31.1  Certification of Principal Executive Officer
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of CPM Holdings, Inc. for the quarterly
period ended March 31, 2011;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 pursuant to Rule 13a-14(a)];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; andd.
    
    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; andb.
    
    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.
  /s/ Ted WaitmanTed WaitmanChief Executive Officer
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

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

In connection with this Report on Form 10-Q for the three and nine months ended June 30, 2014, 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, Arthur H. Penn, Chief Executive 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/ Arthur H. Penn
|Name:              |  | Arthur H. Penn         
|Title:             |  | Chief Executive Officer
|Date:              |  | August 6, 2014
Exhibit 10.20

 



 

October 22, 2013

 

Mr. Chip Paucek

 

SPECIAL PERFORMANCE-BONUS

 

Dear Chip:

 

As discussed on our call, at the recommendation of the Compensation Committee of the Board of Directors of 2U, Inc. (formerly 2tor, Inc.), a Delaware corporation (the “Company”), the full Board of Directors has approved the payment to you of a special, one-time performance-based bonus of $450,000.00  (the “Bonus”).

 

Notwithstanding the foregoing, (i) in the event you voluntarily resign as an employee of the Company on or prior to October 31, 2014, you will immediately repay the Company one hundred percent (100%) of the Bonus amount; and (ii) in the event you voluntarily resign as an employee of the Company after October 31, 2014 and on or prior to October 31, 2015, you will immediately repay the Company fifty percent (50%) of the Bonus amount.

 

This letter agreement represents our complete understanding and agreement with regard to the subject matter of this letter agreement, and supersedes all prior or contemporaneous agreements, written or oral, pertaining to this matter.  This letter agreement may be amended only by a writing signed by both parties.  This letter agreement will be governed by the laws of the state of Delaware, excluding its conflict of laws rules.

 

This letter agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

 

*         *         *         *         *

 











 

Please confirm your agreement to the terms of this letter agreement by executing below. 

 

	
 
    	
 
    	
Very   truly yours,
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
2U, INC.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
By:
    	
/s/   Paul Maeder
    
	
 
    	
 
    	
 
    	
Paul   Maeder
    
	
 
    	
 
    	
 
    	
Chairman
    
	
 
    	
 
    	
 
    
	
AGREED AND ACCEPTED:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Christopher Paucek
    	
 
    	
 
    
	
Christopher   Paucek
<PAGE>   1





                                                                    EXHIBIT 23.3





                        CONSENT OF INDEPENDENT AUDITORS





The Board of Directors and Stockholders
Tele-Communications, Inc.:


We consent to the incorporation by reference in the Registration Statements
(Nos. 33-56271, 33-57177, 33-57399, 33-57409, 33-57469, 33-59121, 33-63139,
33-64127, 33-65479, 33-65493, 33-65497, 333-00265, 333-00717, 333-00765,
333-00835, 333-06723, 333-07615 and 333-19813) on Form S-3, the Registration
Statement (No. 33-65311) on Form S-4, and the Registration Statements (Nos.
33-44543, 33-54263, 33-57635, 33-60839, 33-60843, 33-64827, 33-64829, 33-64831,
33-65483, 33-65485, 33-65487, 333-06177, 333-06179, 333-16025 and 333-16027) on
Form S-8 of Tele-Communications, Inc. of our report dated March 24, 1997,
relating to the combined balance sheets of Liberty Media Group as of December
31, 1996 and 1995, and the related combined statements of operations, equity,
and cash flows for each of the years in the three-year period ended December
31, 1996, which report appears in the December 31, 1996 annual report on Form
10-K of Tele-Communications, Inc.



                                               /s/ KPMG Peat Marwick LLP
                                               KPMG Peat Marwick LLP



Denver, Colorado
March 27, 1997
#### Tony Brown et al., Respondents, v Ryder Truck Rental, Inc., Appellant, et al., Defendants.

In an action to recover damages for personal injuries, etc., the defendant Ryder Truck Rental, Inc., appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated June 6, 1989, which granted the plaintiffs’ motion to vacate their default in appearing at a conference, and reinstated their complaint.

Ordered that the order is affirmed, with costs.

It is within the discretion of the trial court "in the interests of justice to excuse delay or default resulting from law office failure” (CPLR 2005). A court will vacate such a default upon a showing of a meritorious cause of action, a justifiable excuse for the default and absence of willfulness *(see, Goldstein Affiliates v Len Art Knitting Corp.,*75 AD2d 551). In the matter at bar, the plaintiffs’ counsel submitted an affidavit explaining how a clerical oversight, constituting law office failure, had caused the default at issue, while one of the plaintiffs submitted an affidavit of merit. In a proper exercise of its discretion, the trial court concluded that this showing was sufficient *(cf., Fidelity & Deposit Co. v Andersen & Co.,*60 NY2d 693). Thompson, J. P., Kunzeman, Eiber and Rosenblatt, JJ., concur.
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

In connection
with the quarterly report of American Petroleum Tankers Parent LLC (APT) 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, Philip
J. Doherty, the Chief Financial Officer of APT, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(i) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934; and

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



|                   |  |                        
|------------------ |  | -----------------------
|Date: May 16, 2011
|                   |  | /s/ Philip J.
Doherty  
|                   |  | Philip J. Doherty      
|                   |  | Chief Financial Officer
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