alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Agreement to furnish instruments and agreements defining rights



 Exhibit 4.9 
  

August 15, 2005 
  
 Securities and Exchange Commission 
 100 F
Street, NE 
 Washington, D.C. 20549 
  

	 	 Re:
	 Worthington Industries, Inc. – Form 10-K for the fiscal year ended May 31, 2005 


  
 Ladies and Gentlemen: 
  
 Worthington Industries, Inc., an Ohio corporation, is today
filing a Form 10-K, Annual Report for the fiscal year ended May 31, 2005 (the “Form 10-K”). 
  
 Pursuant to the provisions of Item 601(b)(4)(iii) of Regulation S-K, Worthington Industries, Inc. hereby agrees to furnish to the
Commission, upon request, copies of instruments and agreements defining the rights of holders of its long-term debt and of holders of the long-term debt of its consolidated subsidiaries, which are not being filed as exhibits to the Form 10-K. The
long-term debt evidenced by such instruments and agreements does not exceed 10% of the total assets of Worthington Industries, Inc. and its subsidiaries on a consolidated basis. 
  

	
	 Very truly yours,

	
	 WORTHINGTON INDUSTRIES, INC.

	
	 /s/ John S. Christie

	 John S. Christie

	 President and Chief Financial Officer
Exhibit 10.2


    
      

    


    ZONES,
      INC.

    NOTICE
      OF GRANT OF DIRECTOR STOCK OPTION

    


    The
      undersigned member of the Board of Directors (the “Optionee”)
      of
      Zones, Inc. has been granted an option (the “Option”)
      to
      purchase certain shares of Stock pursuant to the Zones,
      Inc. 2003 Equity Incentive Plan
      (the
“Plan”),
      as
      follows:

    


    
      	
              Grant
                Number:

            	 	
                 

            	 
	 	 	 	 
	
              Date
                of Option Grant:

            	 	
                 

            	 
	 	 	 	 
	
              Number
                of Option Shares:

            	 	
                 

            	 
	 	 	 	 
	
              Exercise
                Price:

            	
              $

            	
                 

            	
               
                per share

            


    

    


    
      	
              Vesting

            	
              The
                Option is fully vested and immediately exercisable. 

            
	 	 
	
              Option
                Expiration Date:

            	
              The
                date ten (10) years after the Date of Option Grant.

            
	 	 
	
              Tax
                Status of Option:

            	
              Nonqualified
                Stock Option

            


    

    


    Post-Termination
      of Service Exercise Period:
      Notwithstanding any provision to the contrary in the Stock Option Agreement,
      the
      Option will not have a post-termination of Service exercise period but will
      be
      exercisable until the Option Expiration Date. 

    


    By
      their
      signatures below, the Company and the Optionee agree that the Option is governed
      by this Notice and by the provisions of the Plan and the Stock Option Agreement.
      A copy of the Stock Option Agreement is attached to and made a part of this
      document. The Optionee acknowledges receipt of a copy of the Stock Option
      Agreement, represents that the Optionee has read and is familiar with the Plan
      and the provisions of the Stock Option Agreement, and hereby accepts the Option
      subject to all of their terms and conditions.

    


    
      	
              ZONES,
                INC.

            	 	
              OPTIONEE

            
	 	 	 	 
	
              By:
                

            	
                

            	 	
                

            
	 	 	 	
              Signature

            
	
              Its:

            	
                

            	 	
                

            
	 	 	 	
              Date

            
	
              Address:

            	
                

            	 	
                

            
	 	 	 	
              Address

            
	
                 

            	 	
                

            


    

    


    
      	
              ATTACHMENTS:

            	
              Stock
                Option Agreement and Exercise
                Notice
Exhibit 31.1

CERTIFICATION PURSUANT TO EXCHANGE ACT RULES 13a-14(a) AND 15d-14(a),

AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Paul E. Berger, M.D., certify that:

1. I have reviewed this quarterly report on Form 10-Q of NightHawk Radiology Holdings, 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. 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.

Date: October 23, 2006



/s/    PAUL E. BERGER,
M.D.Paul E. Berger, M.D. Chief Executive Officer and President (Principal Executive Officer)
III

106TH CONGRESS

2D SESSION S. RES. 284

To authorize testimony, document production, and legal representation in

United States of America v. George Patrick Calhoon.

IN THE SENATE OF THE UNITED STATES

APRIL 7, 2000

Mr. LOTT (for himself and Mr. DASCHLE) submitted the following resolution;

which was considered and agreed to

RESOLUTION

To authorize testimony, document production, and legal representation in United States of America v. George Patrick Calhoon.

Whereas, in the case of United States of America v. George

Patrick Calhoon, Cr. No. H–99–111, pending in the

United States District Court for the Southern District of

Texas, testimony has been requested from Court

Koenning and Patrick McCartney, employees in the office

of Senator Phil Gramm;

Whereas, pursuant to sections 703(a) and 704(a)(2) of the

Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a)

and 288c(a)(2), the Senate may direct its counsel to represent employees of the Senate with respect to any subpoena, order, or request for testimony relating to their

official responsibilities;
2

SRES 284 ATS

Whereas, by the privileges of the Senate of the United States

and rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate may, by the judicial or administrative process, be

taken from such control or possession but by permission

of the Senate; and

Whereas, when it appears that evidence under the control or

in the possession of the Senate may promote the administration of justice, the Senate will take such action as will

promote the ends of justice consistently with the privileges of the Senate: Now, therefore, be it

1 Resolved, That Court Koenning, Patrick McCartney,

2 and any other employee of Senator Gramm’s office from

3 whom testimony may be required, are authorized to testify

4 and produce documents in the case of United States of

5 America v. George Patrick Calhoon, except concerning

6 matters for which a privilege should be asserted.

7 SEC. 2. The Senate Legal Counsel is authorized to

8 represent Court Koenning, Patrick McCartney, and any

9 other employee of Senator Gramm’s office in connection

10 with the testimony and document production authorized

11 in section one of this resolution.

Æ
Materials Not Included in

Airworthiness Directive (AD) Docket

Docket Number: FAA- 2012-0864

Directorate Identifier: 2011NM023AD

767-57A0102, R3 --- 12/2/10

767-57A0102, R2 --- 1/7/10

767-57A0102, R1 --- 11/27/07

767-57A0100, R2 --- 5/20/10

767-57A0100, R1 --- 6/19/08

767-57A0100 --- 8/21/06

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
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Don Early, Chairman of the Board and Chief Executive Officer of QC Holdings, Inc., certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of QC Holdings,Inc.; 

 

2. Based on my knowledge, this report does not containany 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 otherfinancial 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 officers and I are responsible forestablishing 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 oursupervision, 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; and

 

b) [reserved]; and 

 

c) evaluated the effectiveness of the registrant’sdisclosure 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 theregistrant’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 isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officers 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 arereasonably 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’sinternal control over financial reporting. 

 

Date: November 14, 2005
Exhibit 31.1

                                 CERTIFICATIONS

           I, Douglas P. Rosefsky, certify that:

           1. I have reviewed this quarterly report on Form 10-Q of North
Atlantic Holding Company, 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-14 and 15d-14) for the registrant and we 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 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 controls 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: August 15, 2005


/s/ Douglas P. Rosefsky
---------------------------------
Name:    Douglas P. Rosefsky
Title:   Chief Executive Officer
[No. 14269-8-III.

Division Three.

July 23, 1996.]

#### The State of Washington, *Respondent,*v. Steven Eric Eakle, *Appellant.*

Appeal from a judgment of the Superior Court for Spokane County, No. 94-8-00761-7, Ellen Clark, Commissioner, entered August 5, 1994. *Reversed*by unpublished opinion per Thompson, J., concurred in by Sweeney, C.J., and Schultheis, J.
#### STATE ex rel. Charles LAMISON V. CLERK OF COURT, CRIMINAL DISTRICT COURT, PARISH OF ORLEANS-G.

No. 87-KH-1879.

Supreme Court of Louisiana.

Dec. 7, 1987.

In re Lamison, Charles; applying for remedial writ and writ of mandamus; Parish of Orleans, Criminal District Court, Div. “G”, No. 285-339.

The relator represents that the district court has failed to act timely on a motion he has filed to correct an illegal sentence. If relator’s representation is correct, the district court is ordered to consider and act on the motion.
**Exhibit 31.2****CERTIFICATION**I, Amerisa Kornblum, certify that:1. I have reviewed this quarterly report on Form 10-Q of Odimo Incorporated; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand 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 financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 havea significant role in the registrant’s internal control over financial reporting.        Date: May 14, 2007 /s/ Amerisa Kornblum   Amerisa Kornblum   Chief Financial Officer
#### STATE ex rel. Jay P. JACKSON v. Jack DONNELLY, Warden.

No. 87-KH-0272.

Supreme Court of Louisiana.

June 19, 1987.

In re Jackson, Jay P.; applying for writ of certiorari and/or review; Parish of Jefferson, 24th Judicial District Court, Div. “N”, Nos. 852023, 852273 and 852934.

Motion granted. Petition dismissed at relator’s request.
EXHIBIT 32.1



SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of Symmetry Medical Inc. (the Corporation) on Form 10-Q for the quarter ended April 2, 2005,
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian Moore, President and Chief Executive Officer of the Corporation, 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 Corporation.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------



May 13, 2005



/s/ Brian MooreBrian MoorePresident and Chief Executive Officer
#### COLE GRAIN COMPANY and the State Insurance Fund, Petitioners, v. Clarence ESLINGER and the Workers’ Compensation Court, Respondents.

No. 56533.

Supreme Court of Oklahoma.

Sept. 28, 1982.

ORDER

Upon consideration of the record, briefs, transcript, and petition for certiorari filed in the above styled and numbered cause, THE COURT FINDS:

1) Certiorari was granted by this Court on July 6, 1982.

2) The opinion of the Court of Appeals Division I of May 4, 1982, 655 P.2d 164 should be released for publication by order of this Court and should be accorded precedential value.

3) Certiorari should be withdrawn as improvidently granted.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court that certiorari be withdrawn and the opinion released for publication and accorded precedential value.

HODGES, LAVENDER, DOOLIN, HAR-GRAVE and WILSON, JJ., concur.

SIMMS, J., concurs in part, dissents in part.

IRWIN, C.J., BARNES, V.C.J., and OPA-LA, J., dissent.
**EXHIBIT 32.1**

 

**CERTIFICATION OF PRINCIPAL**

**EXECUTIVE OFFICER PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT BY**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with this Quarterly Report of The Flooring Zone, Inc. (the “Company”) on Form 10-QSB for the period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the *“Report”*), I, Michael Carroll, 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:  | August 20, 2007 |   | By:    | /s/ Michael Carroll     |   |
|--------|-----------------|--------|--------|-------------------------|--------|
|   |            |   |   | Michael Carroll         |   |
|   |            |   |   | Chief Executive Officer |   |
|        |                 |        |        |                         |        |  |