alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

I, Robert A. Hamwee, Chief Executive Officer of New Mountain Finance AIV Holdings Corporation, certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of New Mountain Finance AIV Holdings Corporation;

 

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) 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

 

c) 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.

 

Dated this day of November 14, 2011

 
| /s/ Robert A. Hamwee |
|----------------------|
| **Robert A. Hamwee** |

 

----
Exhibit


Exhibit 10.44


SECOND AMENDMENT TO AGREEMENT




THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is dated as of November 5, 2015 (the "Effective Date") and is entered into between ACF Industries, LLC ("ACF"),  and American  Railcar Industries, Inc. ("ARI").


ACF and ARI are parties to that certain Purchasing and Engineering Services Agreement and License dated as of January 7, 2013, as amended on August 22, 2014 (the "Agreement").  Reference is made to the Agreement for a complete statement of its terms. Capitalized  terms  used  herein  that  are  not  otherwise  defined  shall  have  the meanings assigned to them, respectively, in the Agreement.


The  parties  wish  hereby  to  modify  the  Agreement  as  more  particularly  set  forth  in  this  Amendment. Accordingly, for good and valuable consideration (receipt of which is hereby acknowledged), and intending to be legally bound hereby, the parties agree as follows:


1.   Amendment. As of the Effective Date:


(a)   A reference  to "December 31,  2015"  in Section  15(b)  of the Agreement  is deleted  and  replaced  with a reference to "December  31, 2016".


2.  Miscellaneous. The Agreement, as modified hereby, contains the complete, entire and exclusive statement of the  parties'  understanding  with  respect  to  its  subject  matter  and  supersedes  all  prior  and  contemporaneous agreements and understandings between them with respect to such subject matter. All of the terms, conditions, representations and warranties contained in the Agreement, as modified hereby, shall remain in full force and effect and are hereby ratified, confirmed and restated. In the event of any subsequent amendment of the Agreement, the terms and conditions of this Amendment shall remain in effect unless expressly modified by such amendment. This  Amendment  may  be  executed  in one  or  more counterparts,  each  of  which  shall  be deemed  to be  an original,  and all of which  together  shall constitute  one and the same  Amendment.  This Amendment may be executed and delivered via email with the same force and effect as if it were executed and delivered by the parties simultaneously in the presence of one another.


IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the date first written above.




	
					
	ACF INDUSTRIES, LLC.
	 
	AMERICAN RAILCAR INDUSTRIES, INC.

	By:
	 
	 
	By:
	 

	Name/Title:
	 
	 
	Name/Title:
	 

	Date:
	 
	 
	Date:
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How to set up myPay Two-Factor Authentication 

Step 1: Sign in to myPay. 

Step 2: Select a Preferred method to receive your One-Time PIN and click Next. This may be your phone 

number (capable of receiving text messages), your email address, or an authenticator app. IMPORTANT: 

Make sure you have access to the phone or email you select to complete the opt-in process. If you 

select an authenticator app, make sure you have installed and set up in the app on your phone or 

tablet. 
Step 3: If you selected phone or email: A One-Time PIN is sent to the phone or email address you have 

selected. This may take several minutes so please stay patient. 

 If you selected to set up an authenticator app: myPay will display a QR code and a secret key. Open the 

app on your smartphone, select add an account, and either scan the QR code OR enter the secret key, 

account name “myPay”, and make sure you select the time-based option. 

Step 4: Type the one-time PIN into myPay and click Submit. 

Using Phone or email: Enter the One-Time PIN. The PIN remains valid for 10 minutes. If not 

entered before PIN expires, you will need to request another. 
Using the Authenticator App: Enter the PIN displayed by the authenticator app.

Step 6: Once your One-Time PIN is entered, you have validated your preferred method as capable to 

receive One-Time PINs for future myPay login sessions. Click Finish. 

NOTICES: 

1. Once you have opted in and selected a preferred method for receiving a One-Time PIN, your other 

email address(es) or mobile number on record become your alternate method(s). You may update your 

personal email address and mobile number at any time from your Personal Settings. 

2. If using the Smart Card (CAC or PIV) Login after opting in for Two-Factor Authentication, receiving and 

entering a One-Time PIN will NOT be required as your smart card contains certificates to validate your 

identity. 

3. To ensure that you receive SmartDocs messages, please add DFAS-SMARTDOCS@MAIL.MIL to your 

email safe senders list and to your mobile phone contacts.
Wdesk | Exhibit






Exhibit 10.1


MDU Resources Group, Inc.
2016 Annual Incentive Award Opportunity Chart
	
						
	 
	 
	 
	 
	 
	 

	Name
	Position
	2016
Base
Salary
($)
	Threshold
($)
	Target
($)
	Maximum
($)

	David L. Goodin
	President and Chief Executive Officer of the Company
	755,000
	188,750
	755,000
	1,510,000

	Doran N. Schwartz
	Vice President and Chief Financial Officer of the Company
	380,000
	61,750
	247,000
	494,000

	David C. Barney
	President and Chief Executive Officer of construction materials and contracting segment
	406,800
	76,275
	305,100
	732,240

	Jeffrey S. Thiede
	President and Chief Executive Officer of construction services segment
	425,000
	79,688
	318,750
	765,000

	Patrick L. O'Bryan 
	President and Chief Executive Officer of E&P   segment
	450,000
	—
	—
	—

	Steven L. Bietz 
	Former President and Chief Executive Officer of pipeline and energy services segment
	—
	—
	—
	—
Order filed December 3, 2013. 

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00637-CV

____________

EDWARD MAYO, Appellant

V.

FIVE STAR MERCHANT SERVICES, INC., Appellee

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2011-26253

CONTINUING ABATEMENT ORDER

On November 5, 2013, this court granted appellant’s agreed motion to abate 

this appeal until November 26, 2013, so that the parties could continue settlement 

negotiations. On November 22, 2013, the parties filed a joint motion to continue 

the abatement period until December 23, 2013. We GRANT the motion.

The court ORDERS the abatement continued until December 23, 2013. The 

appellate deadlines in this case are suspended until the abatement period has ended.
2

If the parties are successful in their settlement negotiations, the court 

ORDERS the parties to file a motion to dismiss the appeal, other dispositive 

motion, or a motion for additional time to file the dispositive motion, within ten 

days from the conclusion of the abatement period. If no settlement agreement is 

reached, appellant shall file his brief at the end of the abatement period.

The appeal remains ABATED, treated as a closed case, and removed from 

this court’s active docket until December 23, 2013, at which time the appeal will 

be reinstated. The court will also consider an appropriate motion to reinstate the 

appeal filed by any party. Any party may also file a motion to dismiss the appeal or 

other dispositive motion at any time. Any party may also file a motion to extend 

the abatement period to finalize a settlement. 

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jamison and Wise.
EXHIBIT 32.1
                            CERTIFICATION PURSUANT TO
                    RULE 13a-14(b) AND 18 U.S.C. SECTION 1350

In  connection  with the Annual Report of Fantatech Inc. (the "Company") on Form
10-KSB for the fiscal year ended December 31, 2004, as filed with the Securities
and  Exchange  Commission  on the date hereof (the "Report"), I, Guangwei Liang,
Chief  Executive Officer of the Company, certify, pursuant to Rule 13a-14(b) and
18 U.S.C. Sec. 1350, 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:  April 28, 2005                          By: /s/ Guangwei Liang
                                                --------------------------------
                                                Guangwei Liang
                                                 Chief Executive Officer
<PAGE>    1
                                                               EXHIBIT 10.(XXXV)
                      (NEVADA MANHATTAN MINING LETTERHEAD)

August 7, 1998


Mr. Roy Skluth
Ralph Financial
116 Avenue I
Redondo Beach, CA  90277

Addendum No. 3 to April 22, 1998 Letter Agreement

Dear Roy:

The  parties to the  agreement  dated April 22,  1998 (the  "Agreement")  hereby
agree, as evidenced by the signatures  below, that the Agreement will be amended
in order to  extend  the time  granted  to you in which to  purchase  additional
shares of Nevada  Manhattan  Mining Common Stock as required by the terms of the
Agreement.

The parties  hereby agree that the 5,000,000  shares issued by Nevada  Manhattan
Mining Inc.  (the  "Company")  to Roy Skluth,  subject to the  condition  of the
additional purchase of shares, will be returned to the custody of the Company in
sixty days if the  purchase of  additional  shares has not been  completed.  The
Company may elect to cancel said shares.

The 292,598  hectares of property  (the  "Property"),  consisting of a number of
parcels  located in Brazil,  represented by the original Grant Deeds conveyed to
the Company on April 29, 1998, will remain the sole property of Nevada Manhattan
Mining as damages for  non-compliance  with the  financial  terms imposed by the
Agreement.

Should Roy  Skluth/Ralph  Financial  make available the funds required under the
Agreement in this  sixty-day time frame,  the 5,000,000  shares for the property
acquisition  will  be  released  to Mr.  Skluth  and  additional  shares  of the
Company's  Common Stock will be issued for the capital  provided at the price of
50% of the average closing bid for the five days preceding purchase.

Roy Skluth/Ralph  Financial hereby conveys to Jeffrey S.  Kramer/Christopher  D.
Michaels the right to vote the 5,000,000 shares.

Further,  Roy Skluth will  continue to receive  consulting  fee  payments in the
amount of $1,400.00 per month for an  additional  period of sixty (60) days from
the signing of this Addendum.  Should the Property be conveyed to the Company as
damages,  the  Consulting  Agreement will remain in force for 18 months from the
date of this Addendum.



<PAGE>    2


Mr Roy Skluth/Ralph Financial
August 7, 1998
Page Two

At the end of the sixty-day period, should Roy Skluth/Ralph  Financial be unable
to purchase  the  additional  shares  required by the  Agreement,  the  Property
conveyed to Nevada  Manhattan  Mining  will  become the sole  property of Nevada
Manhattan  Mining,  to be placed on the books of the  Company,  pursuant  to the
damages stated above.

Sincerely,

/s/ Jeffrey S. Kramer

Jeffrey S. Kramer
Chief Operating Officer

AGREED  TO  AND  ACCEPTED  this  Seventh  day of  August,  1998,  at  Calabasas,
California:

RALPH FINANCIAL

     /s/ Roy Skluth                                    /s/ Roy Skluth
By:____________________                     By:    ____________________________
   Roy Skluth, an authorized                        Roy Skluth, Individually
        Representative
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Exhibit






Exhibit 10.8.d
FOURTH AMENDMENT OF
FMC TECHNOLOGIES, INC. EMPLOYEES’ RETIREMENT PROGRAM
PART I SALARIED AND NONUNION HOURLY EMPLOYEES’ RETIREMENT PLAN
WHEREAS, FMC Technologies, Inc. (the “Company”) maintains the FMC Technologies, Inc. Employees’ Retirement Program Part I Salaried and Nonunion Hourly Employees’ Retirement Plan, as amended and restated effective January 1, 2013 (the “Plan”);
WHEREAS, the Company now deems it necessary and desirable to amend the Plan to provide for the full vesting of the accrued benefits of participants who cease to be employees of the Company effective December 31, 2015, as a result of the transfer of employment from FMC Technologies, Inc. to Forsys Subsea Limited (a 50/50 joint venture), effective December 31, 2015; and 
WHEREAS, this Fourth Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of the amendment;
NOW, THEREFORE, by virtue and in exercise of the powers reserved to the Company under Section 11.1 Plan Amendment or Termination of the Plan, the Plan is hereby amended as follows, effective as of December 31, 2015:


•Section 4.1 of the Plan is hereby amended to add the following sentence to the end thereto to read as follows:


Notwithstanding any other provision of the Plan, effective December 31, 2015, the accrued benefit of any Participant who ceased to be an employee of the Company effective as of December 31, 2015 as a result of the transfer of employment from FMC Technologies, Inc. to Forsys Subsea Limited, effective December 31, 2015, shall at all times be fully vested.
IN WITNESS WHEREOF, the Company has caused this amendment to be executed by a duly authorized representative this 18th day of December, 2015.
FMC Technologies, Inc.


By: /s/ Mark J. Scott
Its:  VP, Administration
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