alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Certificate of Trust of KeyCorp Capital VIII



 Exhibit 4(e) 
  
 CERTIFICATE OF TRUST 
  
 OF 
  
 KEYCORP CAPITAL VIII 
  
 This Certificate of Trust of KeyCorp Capital VIII (the “Trust”), dated as of April 5, 2005, is being duly executed and filed by the undersigned, as trustees, to form a statutory trust under the Delaware
Statutory Trust Act (12 Del. C. § 3801, et seq.) (the “Act”). 
  
 1. Name. The name of the statutory trust being formed hereby is KeyCorp Capital VIII. 
  
 2. Delaware Trustee. The name and business address of the trustee of the Trust, with a principal place of business in
the State of Delaware, are Deutsche Bank Trust Company Delaware, E.A. Delle Donne Corporate Center, Montgomery Bldg., 1011 Centre Road, Suite 200, Wilmington, Delaware 19805-1266. 
  
 3. Effective Date. This Certificate of Trust shall be effective as of its filing with the Secretary of State of the
State of Delaware. 
  
 IN WITNESS WHEREOF, the undersigned have
duly executed this Certificate of Trust in accordance with Section 3811(a)(1) of the Act as of the date first above written. 
  

			
	DEUTSCHE BANK TRUST COMPANY
	 DELAWARE, not in its individual capacity, but
 solely as trustee

		
	By:	 	 /s/ Elizabeth B. Ferry

	 	 	 Name: Elizabeth B. Ferry

	 	 	 Title: Assistant Vice President

	
	Daniel R. Stolzer, not in his individual
	 capacity, but solely as trustee

	
	 /s/ Daniel R. Stolzer
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, 

 Respondent 

 v. 

KURTIS TYLER ALLEN, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

No. 671 MAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 24th day of February, 2016, the Petition for Allowance of Appeal 

is DENIED. 

Mr. Justice Eakin did not participate in the decision of this matter.
# C_2009055EN.01004501.xml

| 7.3.2009 | EN | Official Journal of the European Union | C 55/45 |
| --- | --- | --- | --- |

7.3.2009

EN

Official Journal of the European Union

C 55/45

---

Action brought on 24 December 2008 — Kerma v OHIM (BIOPIETRA)

(Case T-586/08)

(2009/C 55/80)

Language in which the application was lodged: Italian

Parties

Applicant: Kerma SpA (Puegnago sul Garda, Italy) (represented by A. Manzoni, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

| — | declare that the trade mark BIOPIETRO conforms with Article 4 of the Trade Mark Regulation and is not devoid of any distinctive character within the meaning of Article 7(1)(b) of that regulation; |
| --- | --- |

—

declare that the trade mark BIOPIETRO conforms with Article 4 of the Trade Mark Regulation and is not devoid of any distinctive character within the meaning of Article 7(1)(b) of that regulation;

| — | order OHIM to pay the costs in the event of its being unsuccessful. |
| --- | --- |

—

order OHIM to pay the costs in the event of its being unsuccessful.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘BIOPIETRA’ (application for registration No 5.658.893), for goods in Class 19.

Community trade mark concerned:

Decision of the Examiner: Rejection of the application for registration.

Decision of the Examiner:

Decision of the Board of Appeal: Rejection of the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement and incorrect application of Article 7(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.

Pleas in law:

---
Exhibit 32.2

Certification of Chief Financial Officer

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 on Form 10-Q for the quarter ended June 30, 2011 (the Report) of MCG
Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Stephen J. Bacica, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge,
pursuant to 18 U.S.C. Section 1350 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/ STEPHEN J. BACICAName:

Stephen J. BacicaTitle:

Chief Financial OfficerDate

August 4, 2011
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 29, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 26, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 157 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-142, CP2024-148.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-28742 Filed 12-28-23; 8:45 am]

BILLING CODE 7710-12-P
Exhibit 99.1



Certification of Chief Executive Officer



Pursuant to



Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)



In connection with the Quarterly Report on Form 10-Q for the quarter ended March 31, 2003 (the
Report) of MCG Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Bryan J. Mitchell, the 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/ Bryan J. MitchellName: Bryan J. Mitchell Date: May 7, 2003




This certification accompanies the Report pursuant to Section 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
Section 18 of the Securities Exchange Act of 1934. A signed original of this written statement required by Section 906 has been provided to MCG Capital Corporation and will be retained by MCG Capital Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
<PAGE>

                                                                  Exhibit 11.1

                 STATEMENT OF COMPUTATION OF NET LOSS PER SHARE

                                                      YEAR ENDED DECEMBER 31,
                                                   ----------------------------
                                                        1995            1996
                                                   --------------  ------------

Net loss                                            $(11,693,454)  $(12,855,646)

Deemed dividend upon conversion of preferred stock           -       (5,431,871)
                                                   --------------  ------------

Net loss applicable to common stock                  (11,693,454)   (18,287,517)
                                                   --------------  ------------
                                                   --------------  ------------


Weighted average shares of
  common stock outstanding                             1,426,049     10,936,046

Shares related to Staff Accounting
  Bulletin topic 4D:
      Stock options and warrants                         897,836             -
                                                   --------------  ------------

Shares used in computing net loss per share            2,323,885     10,936,046
                                                   --------------  ------------
                                                   --------------  ------------

Net loss per share                                  $      (5.03)  $      (1.67)
                                                   --------------  ------------
                                                   --------------  ------------


PRO FORMA


Net loss applicable to common stock                 $(11,693,454)
                                                   --------------
                                                   --------------

Calculation of shares outstanding for
   computing pro forma net loss per share:

      Shares used in computing net loss per share      2,323,885

      Adjusted to reflect the effect of the
          assumed conversion of preferred stock        5,293,585
                                                   --------------

Shares used in computing pro forma net
   loss per share                                      7,617,470
                                                   --------------
                                                   --------------

Pro forma net loss per share                        $      (1.54)
                                                   --------------
                                                   --------------
<PAGE>

                                  EXHIBIT 99.1

                             CERTIFICATE 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 of Belden Inc. (the "Company") on Form 10-K
for the period ended December 31, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, C. Baker Cunningham, Chairman
of the Board, President and 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 results of
                 operations of the Company.

/s/ C. Baker Cunningham
------------------------
C. Baker Cunningham
Chairman of the Board, President and
   Chief Executive Officer
March 11, 2003

This certification accompanies the Report pursuant to Section 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
Section 18 of the Securities Exchange Act of 1934, as amended.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-50472

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RUBEN HURTADO-BERNAL,

also known as Ruben Martinez-Orozco,

also known as Ruben Hurtado,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-01-CR-1808-ALL-DB

--------------------

October 30, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Ruben Hurtado-Bernal appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation in violation of 8 U.S.C. § 1326. He contends

that the sentence is invalid because it exceeds the two-year

maximum term of imprisonment prescribed in 8 U.S.C. § 1326(a). 

Hurtado-Bernal complains that his sentence was improperly

enhanced pursuant to 8 U.S.C. § 1326(b)(2) based on his prior

deportation following an aggravated felony conviction. He argues
No. 02-50472

-2-

that the sentencing provision is unconstitutional. 

Alternatively, Hurtado-Bernal contends that 8 U.S.C. § 1326(a)

and 8 U.S.C. § 1326(b)(2) define separate offenses. He argues

that the aggravated felony conviction that resulted in his

increased sentence was an element of the offense under 8 U.S.C.

§ 1326(b)(2) that should have been alleged in his indictment. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Hurtado-Bernal acknowledges that his arguments are foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 531 U.S. 1202 (2001). This court

must follow Almendarez-Torres “unless and until the Supreme Court

itself determines to overrule it.” Dabeit, 231 F.3d at 984

(internal quotation marks and citation omitted). The judgment of

the district court is AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
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 the Quarterly Report on Form 10-Q for the quarter ended June 30, 2007 (the Report) of MCG Capital Corporation (the Registrant), as filed with the Securities and
Exchange Commission on the date hereof, I, Steven F. Tunney, the 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/    STEVEN F. TUNNEYName: Steven F. TunneyDate: July 31, 2007
```

[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[Extensions of Remarks]
[Page E1523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

               TRIBUTE TO CARLI LLOYD AND MATTHEW EMMONS

                                 ______
                                 

                            HON. JON RUNYAN

                             of new jersey

                    in the house of representatives

                      Thursday, September 13, 2012

  Mr. RUNYAN. Mr. Speaker, I rise today to pay tribute to two New 
Jersey natives, Carli Lloyd and Matthew Emmons. Carli and Matthew both 
competed in the 2012 London Olympic Games and proudly represented the 
United States of America.
  Carli Lloyd, who currently resides in Mt. Laurel, New Jersey, 
graduated from Rutgers University in 2005 with a degree in exercise 
science and sports studies. Carli was a midfielder for the United 
States Women's Soccer Team in 2008 and 2012, both of which won gold 
medals. In addition, Carli is a two-time FIFA Women's World Cup Team 
member, a three-time NCAA All-American, and in 2008 won the U.S. Soccer 
Female Athlete of the Year Award.
  Matthew Emmons, born in Mount Holly, New Jersey, graduated in 2003 
with an accounting degree from the University of Alaska-Fairbanks. He 
is a three-time Olympian, having competed in the 2004, 2008, and most 
recently, the 2012 Olympic Games. In London, Matthew placed 35th in the 
10m air rifle and captured the bronze medal in the men's three-position 
rifle. Another outstanding highlight in Matthew's career came in 2002 
when he brought home the gold in the men's 50-meter rifle prone event 
at the 2002 World Championships.
  I congratulate Carli and Matthew on all of their achievements and am 
so proud of them for representing New Jersey and the United States in 
the 2012 Olympic Games. I urge my colleagues to join me in recognizing 
these fantastic American athletes.

                          ____________________
```
**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 Beard Company’s (the “Company”) annual report on Form 10-K for the period ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William M. Beard, Chairman of the Board and 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, 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, as amended; and |
|----|-----------------------------------------------------------------------------------------------------------------------------------|

| 2. | The information contained in the Report fairly presents, in all material respects, the financial condition of the Company at December 31, 2006, and results of the Company’s operations for the year ended December 31, 2006. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|                  |                                                                                                           |
|-----------------------|----------------------------------------------------------------------------------------------------------------|
| Date:  April 17, 2007 | By:  /s/ William M. Beard

William M. BeardChairman of the Board and    Chief Executive Officer |
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 GammaCan International Inc.
(the Company) on Form 10-QSB for the period ending March 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Chaime Orlev, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

| |     |                                                                                                                                                        
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------
| | (3) | The Report
  fully complies with the requirements of section 13(a) or 15(d) of the
  Securities and Exchange Act of 1934; and                          
| |     |                                                                                                                                                        
| | (4) | The
  information contained in the Report fairly presents, in all material
  respects, the financial condition and result of operations of the Company.

|                    |                                          
|------------------- | -----------------------------------------
|Date: May 9,
  2007 | By:/s/
  CHAIME ORLEV                    
|                    |                                          
|                    | Chaime Orlev
  
  Chief Financial Officer

---
Exhibit 10.2

                     SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT

     THIS  SIXTH  AMENDMENT  (this  "Amendment")  is made as of this  4th day of
April, 2005 to that certain EMPLOYMENT AGREEMENT,  dated as of November 30, 1999
(as  heretofore  amended,  the  "Employment  Agreement"),  by and between ROBERT
HENSLEY ("Employee") and JOS. A. BANK CLOTHIERS, INC. ("Employer").

     FOR GOOD AND VALUABLE CONSIDERATION,  the receipt and adequacy of which are
hereby  acknowledged,  Employer  and  Employee,  being the sole  parties  to the
Employment Agreement, hereby amend the Employment Agreement as follows:

          1.  Subject  to  earlier  termination   otherwise  set  forth  in  the
     Employment  Agreement,  the  last  day of the  Employment  Period  shall be
     January 31, 2007.

          2.  Effective  February  27,  2005,  Employee's  Base Salary  shall be
     $345,000.00.

     Except as  specifically  amended  hereby,  the Employment  Agreement  shall
remain in full force and  effect  according  to its terms.  To the extent of any
conflict  between the terms of this  Amendment and the terms of the remainder of
the Employment Agreement, the terms of this Amendment shall control and prevail.
Capitalized  terms used but not  defined  herein  shall  have  those  respective
meanings  attributed to them in the Employment  Agreement.  This Amendment shall
hereafter be deemed a part of the  Employment  Agreement for all  purposes.  The
terms of employment  set forth in this Amendment have been approved by the Audit
Committee of the Board of Directors of the Employer.


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


JOS. A. BANK CLOTHIERS, INC.

By: /s/ Robert N. Wildrick                  /s/ Robert Hensley
    ----------------------                  ------------------
      Robert N. Wildrick,                   ROBERT HENSLEY
      Chief Executive Officer



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