alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7603

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. RODNEY LAMAR SELF , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Bryson

. Martin K. Reidinger , District Judge. ( 2:08

- cr - 00028

- MR

- 1 , 1:16

- cv - 00220

- MR )

Submitted : May 1 , 2020 Decided: May 8, 2020

Before AGEE and FLOYD , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

. Joshua B. Carpenter , Asheville, North Carolina , Ann Loraine Hester, Federal Defender , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC. , Charlotte, North Ca rolina, for Appell ant. Amy Elizabeth Ray, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee

. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Rodney Lamar Self se eks to appeal the district court’s order granting the Government’s motion to dismiss and denying his 28 U.S.C. § 225 5 (201 8 ) motion . The order is not appealable unless a circuit justice or judge issues a certificate of appealability.
See 28 U.S.C. § 2253(c)(1)( B ) (201 8 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional ri ght.” 28 U.S.C. § 2253(c)(2) (201 8 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists c ould find the district court’s assessment of the constitutional claims debatable or wro ng. See Buck v. Davis , 137 S. Ct. 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134,
140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Self has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 29, 2014

h0721

Order 

Clerk

July 29, 2014

148840

OASIS OIL, LLC,

Plaintiff-Appellee,

v SC: 148840

COA: 306700

Wayne CC: 07-729120-CK

MICHIGAN PROPERTIES, LLC,

Defendant-Appellant,

and

KAZEM SAFIEDINE, and MTK

FAMILY INVESTMENTS, LLC,

Defendants.

____________________________________/

On order of the Court, the application for leave to appeal the November 19, 2013 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
**Exhibit 10.20**

 

***50% Acceleration if Terminated within 12 months***

 

**ADDENDUM**

**TO**

**STOCK OPTION AGREEMENT**

 

The following provisions are hereby incorporated into, and are hereby made a part of, that certain Stock Option Agreement (the “OptionAgreement”) by and between Borland Software Corporation (the “Corporation”) and [                ] (“Optionee”) evidencing the stockoption (the “Option”) granted to Optionee under the terms of the Corporation’s 2002 Stock Incentive Plan, and such provisions are effective immediately. All capitalized terms in this Addendum, to the extent not otherwise definedherein, shall have the meanings assigned to them in the Option Agreement. 

 

**SPECIAL ACCELERATION**

 

1.To the extent the Option is assumed in connection with a Change in Control or otherwise continued in effect or replaced with a substitute option, the Option (or such substitute option) shall not accelerate to any extent upon the occurrence of thatChange in Control, and the Option (or such substitute option) shall accordingly continue, over Optionee’s period of Service after the Change in Control, to become exercisable for the Option Shares in one or more installments in accordance withthe provisions of the Option Agreement. However, upon termination of Optionee’s status as an Employee of the Corporation for any reason other than for [Misconduct/Cause] as such term is defined in Optionee’s offer letter dated[                        ] (the “Offer Letter”) or upon Optionee’s [Involuntary Termination/ConstructiveTermination] (as defined in the Offer Letter) within twelve (12) months following such a Change in Control, then fifty percent (50%) of the unvested shares under such Option (or such substitute option), shall automatically accelerate and such Option(or substitute option) may be exercised for any or all of those accelerated Option Shares (or other securities) as fully-vested shares, together with any other Option Shares (or other securities) for which the Option has already become vested andexercisable in accordance with the normal Vesting Schedule. 

 

2.In the event of any conflict, ambiguity, or inconsistency between the provisions of the Option Agreement and the provisions of this Addendum, to the extent possible such provisions will be interpreted so as to resolve any such conflict, ambiguity,or inconsistency, and if that is not possible, the provisions of the this Addendum will prevail. 

 

**IN WITNESS WHEREOF,** Borland Software Corporation has caused this Addendum to be executed by its duly authorized officer as of the Effective Datespecified below. 

 

 

**EFFECTIVE DATE:**
# Fourth Court of Appeals

**San Antonio, Texas**

August 31, 2020

No. 04

- 20

- 00349

- CV

CITY OF FREDERICKSBURG, TEXAS

, Appellant

v.

E.290 OWNERS' COALITION, Appellee

From the 216th Judicial District Court

, Gillespie County, Texas

Trial Court No. 15758

Hon orable Albert D. Pattillo, III , Judge Presiding



### ORDER

Appellant’s brief was originally due August 11, 2020. Appellant’s first motion for extension of time was granted, extending the deadline for filing the brief to Aug ust 28, 2020. On August 28, 2020, appellant filed a motion requesting an additional extension of time to file the brief until September 11, 2020, for a total extension of 31 days. After consideration, we GRANT

the motion and ORDER appellant to file his/he r brief by September 11, 2020

.

_________________________________ Beth Watkins , Justice

IN WITNESS WHEREOF, I have here unto set my hand and affixed the seal of the said

court on this 31st day of August, 2020

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
##### 



EXHIBIT 21.1
  JURISDICTION OFSUBSIDIARY LEGAL NAME
    
    INCORPORATIONBorland Corporation
    
    DelawareBorland Technology Corporation
    
    DelawareCodeGear LLC
    
    DelawareSegue Software, Inc.
    
    DelawareBorland Entwicklung GmbH
    
    AustriaSegue Canada, Inc.
    
    CanadaSegue Software, Ltd.
    
    United KingdomSegue Export, Inc.
    
    West IndiesStarbase Corporation
    
    DelawareTeraQuest Metrics, Inc.
    
    TexasTeraQuest International, LLC
    
    TexasTogetherSoft Corporation
    
    DelawareBorland Labs, Inc.
    
    DelawareObject UK Limited
    
    United KingdomBorland Software Czech Republic s.r.o.
    
    Czech RepublicBorland (Holding) UK Limited
    
    United KingdomBorland UK Limited
    
    United KingdomTogethersoft (UK) Limited
    
    United KingdomBorland Australia Pty Ltd.(1)
    
    AustraliaBorland Latin America Ltda.(2)
    
    BrazilAdvanced Training Center Ltda.
    
    BrazilBorland Canada, Inc.
    
    CanadaBorland Software (Beijing) Co. Ltd.
    
    ChinaBorland s.r.o. Czech(3)
    
    Czech RepublicBorland France SARL(4)
    
    FranceBorland GmbH
    
    GermanyBorland Computer Software Vetriebs GmbH
    
    GermanyInprise Solutions GmbH
    
    GermanyBorland (H.K.) Limited(5)
    
    Hong KongBorland Software (India) Private Limited6)
    
    IndiaBorland Japan Ltd.
    
    JapanTogetherSoft Japan KK
    
    JapanBorland Software de Mexico, S.A. de C.V.(7)
    
    MexicoBorland B.V.
    
    NetherlandsBorland Finland Oy
    
    FinlandBorland S.r.l.
    
    ItalyBorland Sweden AB
    
    SwedenBorland (New Zealand) Limited(8)
    
    New ZealandBorland Russia AO
    
    RussiaBorland (Singapore) Pte Ltd.
    
    Singapore
 (1)
    
    99% interest owned by Borland Software Corporation and 1% interest owned by Borland (New Zealand) Ltd.(2)
    
    99% interest owned by Borland Software Corporation and 1% interest owned by Borland Corporation(3)
    
    5% interest owned by Borland Software Corporation(4)
    
    99% interest owned by Borland Software Corporation and 1% interest owned by Borland Technology Corporation(5)
    
    99% interest owned by Borland Software Corporation and 1% interest owned by Borland Singapore Pte Ltd.(6)
    
    98% interest owned by Borland Software Corporation(7)
    
    99% interest owned by Borland Software Corporation and 1% interest owned by Borland Corporation(8)
    
    99% interested owned by Borland Software Corporation and 1% interest owned by Borland Australia Pty Ltd.
EXHIBIT 21



SUBSIDIARIES OF AZTAR CORPORATION

The Company has no parent corporation.  In addition to the subsidiaries listed below, the Company has eight other wholly-owned subsidiaries.  The unnamed subsidiaries, considered in the aggregate, would not constitute a significant subsidiary.



|Name
Adamar Garage Corporation
Adamar of Nevada
Adamar of New Jersey, Inc.
     dba Tropicana Casino and Resort
Atlantic-Deauville, Inc.
Aztar Development Corporation
Aztar Indiana Gaming Company, L.L.C.
     dba Casino Aztar Evansville
Aztar Missouri Riverboat Gaming Company, L.L.C.
     dba Casino Aztar Caruthersville
Hotel Ramada of Nevada
     dba Tropicana Resort and Casino
Ramada Express, Inc.
     dba Ramada Express Hotel and Casino
Ramada New Jersey, Inc.
Ramada New Jersey Holdings Corporation | Jurisdiction of
 Incorporationor Organization
   Delaware
   Nevada
   New Jersey
   New Jersey
   Delaware
   Indiana
   Missouri
   Nevada
   Nevada
   New Jersey
   Delaware
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<PAGE>

                                                                    EXHIBIT 21.1

                                  AXS-ONE INC.
                              List of Subsidiaries

                              (as of March 1, 2001)

Computron Holdings, Inc. (incorporated in the State of Delaware)
      AXS-One Pty Ltd. (incorporated in Australia)
      AXS-One (Proprietary) Limited (incorporated in South Africa)
AXS-One Inc. (incorporated in Canada)
AXS-One Sp. z o.o. (incorporated in Poland)
AXS-One Pte Ltd (incorporated in Singapore)
AXS-One Limited (incorporated in England and Wales)
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Exhibit 3.4

CERTIFICATE OF AMENDMENT    TO    AMENDED AND RESTATED    CERTIFICATE OF INCORPORATION  (Pursuant to Section 242)

American Restaurant Group, Inc., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the
"Corporation"), DOES HEREBY CERTIFY:

FIRST:That, on July 31, 2003, the Board of Directors of the Corporation duly adopted resolutions authorizing the
amendments to the Amended and Restated Certificate of Incorporation (the "Certificate of Incorporation") of the Corporation, declaring said amendments
to be advisable and directing its officers to submit said amendments to the stockholders of the Corporation for consideration thereof. The amendments are as follows:



SECOND:That, thereafter, by written consent of the holders of a majority of the voting stock of the Corporation, the
necessary number of shares were voted in favor of the amendment.

THIRD:That said amendment was duly adopted in accordance with the provisions of Sections 242 and 228 of the General
Corporation Law of the State of Delaware.

---

IN
WITNESS WHEREOF, American Restaurant Group, Inc. has caused this certificate to be signed by Patrick J. Kelvie, its Secretary, and attested by Ralph S. Roberts, its President,
this 15th day of October 2003.

|                                               |  | American Restaurant Group, Inc.
|---------------------------------------------- |  | -------------------------------
|                                               |  | By:                            
|ATTEST:                                        |  |                                
|/s/RALPH S. ROBERTSRalph S. Roberts, President |  |                                

2

---

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EXHIBIT 23



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 33-32399, No. 33-44794, No. 333-79297, No. 333-64952 and No. 333-121447) of Aztar Corporation of our reports dated February 23, 2006 relating to the consolidated financial statements, financial statement schedule, management's assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appear in this Form 10-K.

PRICEWATERHOUSECOOPERS LLP

Phoenix, Arizona
February 23, 2006
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





The
undersigned hereby certifies, in her capacity as an officer of Befut
International Co., Ltd. (the “Company”), for the purposes of 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to the best of her knowledge:





(1)
 The Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended
December 31, 2010 (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.





Dated:  February
14, 2011





/s/ Mei YuName:
      Mei YuTitle:
      Chief Financial Officer(principal
      financial officer and principal accounting
  officer)





This
certification accompanies each 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.





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.
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 of Apple REIT Seven, Inc., (the Company) on Form 10-Q for the quarter ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned hereby certifies, 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial conditions and results of operations of the Company as of June 30, 2006, and for the period
then ended.



|                       
|-----------------------
|/s/ Glade M. Knight    
|Glade M. Knight        
|Chief Executive Officer
|                       
|August 8, 2006         
|                       
|/s/ Bryan Peery        
|Bryan Peery            
|Chief Financial Officer
|                       
|August 8, 2006         



28
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