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

**CERTIFICATION      PURSUANT TO**

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

**AS      ADOPTED PURSUANT TO**

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

|   | (1) | The                Report fully complies with the requirements of Section 13(a) of the                Securities Exchange Act of 1934;                and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The                information contained in the Report fairly presents, in all material                respects, the consolidated financial condition of the Company as                of the                dates presented and the consolidated result of operations of the                Company                for the periods presented. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                Paul G. Thomas                                                                         |
|--------|-----------------------------------------------------------------------------------------------------------|
|   | Paul                G. Thomas                                                                             |
|   | Chief                Executive Officer                                                                    |
|   |                                                                                                      |
|   |                                                                                                      |
|   | /s/                Steven T. Sobieski                                                                     |
|   | Steven                T. Sobieski                                                                         |
|   | Vice                President, FinanceChief                Financial Officer and                Secretary |

----
Document

FIRST AMENDMENT TO THE
HOME BANK
SALARY CONTINUATION AGREEMENT




            This Amendment (“Amendment”) is entered into as of the 23rd day of May 2022, by and between Home Bank, N.A. (the “Bank”) and Jason P. Freyou (the “Executive”).


WITNESSETH


            WHEREAS, the Bank and the Executive previously entered into a Salary Continuation Agreement, dated as of May 20, 2019 (the “Agreement”); and


            WHEREAS, the parties desire to amend the Agreement in order to change the amount of benefit, as provided in Section 2.1.1 and 2.4.1 thereof.


            NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:


                        1.         Amount of Benefit.       The annual benefit under Section 2.1.1 is One Hundred Twenty-Five Thousand Dollars ($125,000).


                        2.         Amount of Benefit.       The benefit under Section 2.4.1 is an amount equal to the greater of (i) the Accrual Balance as of the end of the Plan Year immediately preceding Executive’s Separation from Service or (ii) Three Hundred Thousand Dollars ($300,000).


3.         Except to the extent expressly amended hereby, the Agreement shall continue unmodified and shall remain in full force and effect.


            IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first written above.


Attest:                                                                     HOME BANK, N.A.




By:  /s/ Daniel G. Guidry                             By:   /s/ John W. Bordelon                
        Daniel G. Guidry                                                    John W. Bordelon
        Corporate Secretary                                                Chairman, President and Chief Executive Officer




                                                                                 EXECUTIVE




          /s/ Jason P. Freyou                    
                                                                                 Jason P. Freyou
#### David E. BROOKS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Bayliner Marine Corporation, Intervenor.

No. 75-1148.

United States Court of Appeals, Ninth Circuit.

June 25, 1976.

Neil M. Herring (argued), of Finkel & Herring, Los Angeles, Cal., for petitioner.

Charles A. Shaw (argued), N. L. R. B., Washington, D. C., for respondent.

Before MERRILL and WRIGHT, Circuit Judges, and CRARY,* District Judge.

*

 Honorable E. Avery Crary, Senior United States District Judge for the Central District of California, sitting by designation.

PER CURIAM:

Petitioner seeks review of a portion of the Board’s order, reported at 215 *NLRB*11, which concluded that his discharge from employment was not motivated by anti-union animus and consequently did not violate §§ 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158. The Board in reversing the administrative law judge’s *261determination that a violation had occurred found that there was insufficient evidence to support the conclusion that at the time of the discharge the employer was aware of petitioner’s union activity.

Petitioner asserts that the Board’s order was erroneous because it improperly rejected the judge’s credibility determinations. The judge, generally resolving credibility determinations in favor of petitioner, had concluded that the post-discharge rationales for its action offered by the employer were pretextual.

The Board did not disagree. Rather, it focused on the lack of evidence at the hearing to indicate that the employer was aware of petitioner’s union activity. In the absence of such an awareness, the discharge could not have violated the Act. *NLRB*v. *Klaue,*523 F.2d 410, 413 (9th Cir. 1975). Thus, the credibility determinations of the administrative law judge and the order of the Board are not, as petitioner suggests, incompatible.

Without rejecting his credibility determinations, the Board drew inferences from the facts contrary to those drawn by the administrative law judge. The record as a whole supports those inferences.

A reviewing court may not “displace the Board’s choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it *de novo.” NLRB v. Walton Mfg. Co.,*369 U.S. 404, 405, 82 S.Ct. 853, 854, 7 L.Ed.2d 829 (1962); *Universal Camera Corp. v. NLRB,*340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951). Our standard of review is not altered because the Board and the administrative law judge disagreed. *NLRB*v. *Miller Redwood Co.,*407 F.2d 1366 (9th Cir. 1969); *NLRB v. Levinson’s Owl Rexall Drugs, Inc.,*405 F.2d 494 (9th Cir. 1968).

The petition is dismissed.
Exhibit 31.1  Certifications  I, Mike McKeever, certify that:  1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Carvana Auto Receivables Trust 2021-P4 (the “Exchange Act periodic reports”); 2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; 4. Based on my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and 5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d- 18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. In giving the certifications above, I have reasonably relied on information provided to me by the following  unaffiliated parties: Wells Fargo Bank, National Association and Computershare Trust Company, National  Association.  Date: March 26, 2024  /s/ Mike McKeever  Mike McKeever  President  Carvana Receivables Depositor LLC  (senior officer in charge of securitization)
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

FORTUNATO DE PAZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-74636

Agency No. A072-538-381

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 6, 2012** 

Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.

Fortunato De Paz, a native and citizen of El Salvador, petitions for review of

the Board of Immigration Appeals’ order dismissing his appeal from the

immigration judge’s (“IJ”) decision denying his application for asylum and

withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review

FILED

AUG 28 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
08-74636

for substantial evidence the agency’s factual findings and review de novo its legal

conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We

deny the petition for review. 

De Paz challenges the agency’s determination that he abandoned his original

asylum application. We reject De Paz’s request to remand this case for further

proceedings regarding abandonment, because the agency reviewed the claims De

Paz included in his original application, treated De Paz’s second asylum

application as timely, and adjudicated the merits of these claims.

De Paz contends the IJ erred in its nexus determination because she failed to

consider “government conscription,” but De Paz does not challenge the IJ’s

additional dispositive finding that the threats De Paz experienced in El Salvador

did not rise to the level of persecution. See Martinez-Serrano v. INS, 94 F.3d

1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are deemed

abandoned). Further, because De Paz testified he feared returning to El Salvador

due to a lack of security, and due to gangs and thieves, the agency did not err in its

analysis of De Paz’s fear of future persecution. Accordingly, we deny the petition

as to De Paz’s asylum and withholding of removal claims. 

PETITION FOR REVIEW DENIED.
Fourth Court of Appeals

San Antonio, Texas

October 15, 2018

No. 04-18-00455-CV

Ex PARTE Vincent Trevor CALDAROLA,

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2018-CI-06739

Honorable Solomon Casseb III, Judge Presiding

O R D E R

This is an appeal by the Texas Department of Public Safety in an expunction matter. The 

Department filed its appellant’s brief on September 7, 2018. Accordingly, the brief of appellee 

Vincent Trevor Caldarola was due in this court on or before October 8, 2018. However, appellee 

Caldarola did not file his brief. Accordingly, we ORDER appellee Vincent Trevor Caldarola to 

file his appellee’s brief in this court on or before November 7, 2018. If appellee Caldarola 

does not file his brief in this court on or before the date ordered, we will order the case 

submitted without an appellee’s brief.

We order the clerk of this court to serve a copy of this order on all counsel. 

_________________________________

Marialyn Barnard, Justice

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

court on this 15th day of October, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court Cause No. DA 22-0531 VICTORY INSURANCE CO. Plaintiff/Appellant v. OFFICE OF THE MONTANA STATE AUDITOR, Defendant/Appellee ORDER GRANTING APPELLANT'S UNOPPOSED RULE 26 (1) MT. R. APP. P. MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF The Appellant

in this matter has moved this Court for anextension

of tirne in which tofile its Opening Brief. Finding good cause therefore, IT IS HEREBY ORDERED that Appellant's Opening Brief in this matter

is nowdue onorbefore Friday, December 30, 2022. Dated this 21st day of Novernber, 2022 1 C erk of the Supreme Court11/21/2022Case Number: DA 22-0531
STATE OF VERMONT

SUPERIOR COURT ENVIRONMENTAL DIVISION

Vermont Unit Docket No. 97-7-14 Vtec

Tilton Variance Application JUDGMENT ORDER 

This matter concerns property and structures on Maidstone Lake Road in the Town of 

Maidstone, Vermont (the Property) and the application by Larry and Deborah Tilton (the 

Tiltons) for a variance to allow construction of a roof over an existing porch located partially 

within the required 25-foot setback from Maidstone Lake. The Tiltons timely appealed the 

Town of Maidstone Zoning Board of Adjustment’s (ZBA) decision dated June 5, 2014 denying 

their application. The Tiltons subsequently moved for summary judgment in their favor on all 

seven Questions filed in the Statement of Questions. 

In a Decision on Motion issued June 24, 2015, the Court concluded that Question 3, 5, 6, 

and 7 raise issues outside this Court’s jurisdiction. For this reason, Questions 3, 5, 6, and 7 were

dismissed. Also in the June 24, 2015 Decision, the Court provided notice of our intent to grant 

summary judgment as to Question 1, 2, and 4 in favor of the Town of Maidstone pursuant to 

V.R.C.P. 56(f)(1). The Court reasoned that a variance is not necessary to enable the reasonable 

use of the property; that the hardship has been created by the Tiltons; that further expansion 

of a nonconforming structure within the setback alters the essential character of the 

neighborhood by increasing the degree of noncompliance with the Bylaws; and that the Tiltons 

could achieve their development goals without violating the setback. 

Neither the Tiltons nor the Town of Maidstone responded to this intended action within 

the 15 days the Court provided for the parties to do so. For reasons stated in greater detail in 

the June 24, 2015 Decision, the Court therefore concludes that the Tiltons are not entitled to a 

variance under 24 V.S.A. § 4469(a) as a matter of law, and summary judgment is GRANTED in 

favor of the Town of Maidstone. Questions 1, 2, and 4 are therefore resolved against the 
2 

Tiltons, and the Tilton’s application for a variance is DENIED. This resolves the matter now 

before the Court. 

Electronically signed on July 17, 2015 at 01:47 PM pursuant to V.R.E.F. 7(d). 

_________________________________________ 

Thomas G. Walsh, Judge 

Superior Court, Environmental Division
Exhibit 32



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 on Form 10-K
of Bain Capital Private Credit. (the “Company”) for the annual period ended December 31, 2022, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Michael A. Ewald, Chief Executive Officer of the Company, and
I, Sally F. Dornaus, Chief Financial Officer of the Company, each certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that to our knowledge:



|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 Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: March 31, 2023



| | /s/ Michael A. Ewald        
| | ----------------------------
| | Michael A. Ewald            
| | Chief Executive Officer     
| | Bain Capital Private Credit.
| |                             
| | /s/ Sally F. Dornaus        
| | Sally F. Dornaus            
| | Chief Financial Officer     
| | Bain Capital Private Credit.
2017 ANNUAL INDUSTRY MEETING 

FOR USDA FOODS CONTRACTORS AND SUPPLIERS

Doubletree Hotel by Hilton – Arlington, Virginia

SCHEDULE OF EVENTS

Tuesday, October 24, 2017

8:00 - 5:00 Registration - Crystal Ballroom Foyer

8:30 - 10:00 WBSCM Training Session - Salon A

9:00 - 10:00 New Vendor Session - Washington Ballroom 

10:00 - 1:00 Networking Sessions

Dairy, Grains, and Oilseeds Program - Washington Ballroom

Livestock, Poultry, Seed, and Seafood Program - Salon A

Specialty Crops Program - Salon BC

1:00 - 5:00 Breakout Sessions

Dairy, Grains, and Oilseeds Program - Washington Ballroom

Livestock, Poultry, Seed, and Seafood Program - Salon A

Specialty Crops Program - Salon BC

Wednesday, October 25, 2017

8:00 - 12:30 Breakout Sessions

Dairy, Grains, and Oilseeds Program - Washington Ballroom

Livestock, Poultry, Seed, and Seafood Program - Salon A

Specialty Crops Program - Salon BC
# Publicatieblad C 145/2020

| | ISSN 1977-0995 |
| --- | --- |
| Publicatieblad
  van de Europese Unie | C 145 |
| | |
| Uitgave in de Nederlandse taal | Mededelingen en bekendmakingen | 63e jaargang30 april 2020 |

ISSN 1977-0995

Publicatieblad

van de Europese Unie

C 145

Uitgave in de Nederlandse taal

Mededelingen en bekendmakingen

63e jaargang30 april 2020

---

| Inhoud | Bladzijde |
| --- | --- |
| | |
| | |
| | Raad |
| 2020/C 145/01 | Besluit van de Raad van 28 april 2020 tot benoeming van de leden van het Wetenschappelijk en Technisch Comité | 1 |

Inhoud

Bladzijde

Raad

2020/C 145/01

Besluit van de Raad van 28 april 2020 tot benoeming van de leden van het Wetenschappelijk en Technisch Comité

1

---

| NL | |
| --- | --- |

NL

---

Raad

| 30.4.2020 | NL | Publicatieblad van de Europese Unie | C 145/1 |
| --- | --- | --- | --- |

30.4.2020

NL

Publicatieblad van de Europese Unie

C 145/1

---

BESLUIT VAN DE RAAD

van 28 april 2020

tot benoeming van de leden van het Wetenschappelijk en Technisch Comité

(2020/C 145/01)

DE RAAD VAN DE EUROPESE UNIE,

Gezien het Verdrag tot oprichting van de Europese Gemeenschap voor Atoomenergie, en met name artikel 134, lid 2,

Na raadpleging van de Europese Commissie,

Overwegende hetgeen volgt:

| (1) | De Raad heeft bij besluit van 6 november 2018 (1) de leden van het Wetenschappelijk en Technisch Comité (“het comité”) benoemd voor het tijdvak van 6 november 2018 tot en met 6 november 2023. |
| --- | --- |

(1)

De Raad heeft bij besluit van 6 november 2018 (1) de leden van het Wetenschappelijk en Technisch Comité (“het comité”) benoemd voor het tijdvak van 6 november 2018 tot en met 6 november 2023.

| (2) | Door het overlijden van de heer Eugenijus UŠPURAS is een zetel in het comité vrijgekomen. Derhalve moet een nieuw lid worden benoemd voor de resterende duur van de ambtstermijn van de heer Eugenijus UŠPURAS. |
| --- | --- |

(2)

Door het overlijden van de heer Eugenijus UŠPURAS is een zetel in het comité vrijgekomen. Derhalve moet een nieuw lid worden benoemd voor de resterende duur van de ambtstermijn van de heer Eugenijus UŠPURAS.

| (3) | Door het aftreden van de heer Grzegorz WROCHNA is een zetel in het comité vrijgekomen. Derhalve moet een nieuw lid worden benoemd voor de resterende duur van de ambtstermijn van de heer Grzegorz WROCHNA, |
| --- | --- |

(3)

Door het aftreden van de heer Grzegorz WROCHNA is een zetel in het comité vrijgekomen. Derhalve moet een nieuw lid worden benoemd voor de resterende duur van de ambtstermijn van de heer Grzegorz WROCHNA,

HEEFT HET VOLGENDE BESLUIT VASTGESTELD:

Artikel 1

De heer Egidijus URBONAVIČIUS en de heer Józef SOBOLEWSKI worden benoemd tot lid van het Wetenschappelijk en Technisch Comité tot en met 6 november 2023.

Artikel 2

Dit besluit treedt in werking op de datum waarop het wordt vastgesteld.

Gedaan te Brussel, 28 april 2020.

Voor de Raad

De voorzitter

G. GRLIĆ RADMAN

---

(1)  Besluit van de Raad van 6 november 2018 houdende benoeming van de leden van het Wetenschappelijk en Technisch Comité (PB C 403 van 9.11.2018, blz. 2).

1

---
Exhibit 4.8


 


 


AMENDMENT NO. 1

TO THE

VEECO INSTRUMENTS INC.

2019 STOCK INCENTIVE PLAN


 


This Amendment No. 1 to the
Veeco Instruments Inc. 2019 Stock Incentive Plan (the “2019 Plan”) is made and adopted by Veeco Instruments
Inc., a Delaware corporation (the “Company”), subject to approval by the stockholders of the Company.


 


WITNESSETH:


 


WHEREAS, the 2019 Plan
was amended and restated by action of the Board of Directors on March 14, 2019 and the amendment and restatement was approved by
the Company’s stockholders on May 3, 2019;


 


WHEREAS, Section 3(a)
of the 2019 Plan provides that, subject to adjustment upon changes in capitalization of the Company as provided in Section 10 of
the 2019 Plan, the maximum number of shares of Company common stock available for sale under the 2019 Plan is 13,300,000 shares;


 


WHEREAS, the Board believes
it to be in the best interests of the Company and its stockholders to amend the Plan to increase the aggregate number of shares available
for sale under the 2019 Plan by 4,500,000 shares; and


 


WHEREAS, the Board may
amend the 2019 Plan at any time, provided stockholder approval is obtained with respect to any amendment to the extent such approval is
required by Section 423 of the Internal Revenue Code of 1986, as amended.


 


NOW, THEREFORE, the
2019 Plan is hereby amended, subject to approval of the Company’s stockholders, as follows:


 


		1.	The first sentence of Section 3(a) of the 2019 Plan is hereby amended by deleting the present sentence
in its entirety and substituting the following in lieu thereof:



 


“(a)   Subject
to the provisions of Section 10, below, the maximum aggregate number of Shares which may be issued pursuant to all Awards (including
Incentive Stock Options) is 17,800,000 Shares.”


 


		2.	Except as hereby modified, the 2019 Plan shall remain in full force and effect.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report On Form 10-QSB of Artcraft
IV Inc. for the quarter ending November 30, 2004, I, Scott Raleigh, Chief
Executive Officer and Chief Financial Officer of Artcraft IV Inc. hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-KSB for the quarter ending November
          30, 2004, 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 such Quarterly Report on Form 10-QSB for
          the quarter ending November 30, 2004, fairly presents, in all material
          respects, the financial condition and results of operations of
          Artcraft IV Inc.

Dated:  January 14, 2005

ARTCRAFT IV INC.


By: /s/ Scott Raleigh
-------------------------------------
Chief Executive Officer and
Chief Financial Officer