alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31


CERTIFICATION PURSUANT TO SECTION 302


OF THE SARBANES-OXLEY ACT OF 2002




I, Doug Lindeblom, Chief Executive Officer of First National Energy Corporation, certify that:




1. I have reviewed this quarterly report on Form 10-Q /A of First National Energy Corporation;





2. Based on my knowledge, this quarterly 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. I am 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 my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;





b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;





c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report my 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 the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and





5. I have disclosed, based on my 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: August __ , 2010




/s/ Doug LindeblomDoug LindebloChief Executive Officer
<PAGE>   1

                                                                    EXHIBIT 10.1

                    SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT


         THIS SEVENTH AMENDMENT, made as of the 1st day of March, 2001, by and
between MECHANICAL DYNAMICS, INC., a Michigan corporation (the "Company"),
having offices located at 2300 Traverwood Drive, Ann Arbor, Michigan 48105, and
MICHAEL E. KORYBALSKI, of Ann Arbor, Michigan ("Employee"), for the purpose of
amending that certain Employment Agreement between the Company and Employee
dated as of April 1, 1994, and amended by agreements dated as of March 1, 1995,
as of March 1, 1996, as of March 1, 1997, as of March 1, 1998, as of March 1,
1999, and as of March 1, 2000 (collectively, the "Employment Agreement").


         WITNESSETH:

         WHEREAS, the Company and Employee desire to extend the Employment
Agreement for an additional one-year period.

         NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants contained herein and in the Employment Agreement, the parties hereto
agree as follows:

         A. Section 2 of the Employment Agreement is hereby amended to extend
the term of said Agreement through March 31, 2004.

         B. Except as expressly modified herein, the Employment Agreement shall
remain in full force and effect in accordance with its terms.

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

WITNESS:                                     COMPANY

                                           MECHANICAL DYNAMICS, INC.


/s/ Linda K. Moore                By:  /s/ Robert R. Ryan
------------------------------         -----------------------------
                                       Robert R. Ryan, President


                                             EMPLOYEE


/s/ Linda K. Moore                     /s/ Michael E. Korybalski
------------------------------         -----------------------------
                                       Michael E. Korybalski
II

104TH CONGRESS

1ST SESSION S. 1451

To authorize an agreement between the Secretary of the Interior and a

State providing for the continued operation by State employees of national parks in the State during any period in which the National

Park Service is unable to maintain the normal level of park operations,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 6, 1995

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To authorize an agreement between the Secretary of the

Interior and a State providing for the continued operation by State employees of national parks in the State

during any period in which the National Park Service

is unable to maintain the normal level of park operations,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1451 IS

1 SECTION 1. CONTINGENCY AGREEMENT TO KEEP NA2 TIONAL PARKS OPEN.

3 (a) IN GENERAL.—The Secretary of the Interior, act4 ing through the Director of the National Park Service,

5 may enter into an agreement with a State and political

6 subdivisions of the State under which—

7 (1) employees of the State and political subdivi8 sions of the State, identified by the Secretary and

9 State officials as having the requisite expertise and

10 background, will operate components of the National

11 Park System in the State during any period in a fis12 cal year in which the National Park Service is un13 able to maintain the normal level of park operations;

14 (2) prior to the time when their services may be

15 required, the Secretary, using available appropria16 tions, will provide any training that employees of the

17 State or political subdivisions of the State may need

18 to perform operations; and

19 (3) the Secretary of the Interior may accept a

20 monetary donation from a State or political subdivi21 sion of a State to enable the Secretary to operate

22 components of the National Park System in the

23 State during any period in a fiscal year in which the

24 National Park Service is unable to maintain the nor25 mal level of park operations.
3

•S 1451 IS

1 (b) REIMBURSEMENT.—The Secretary may, subject

2 to the availability of appropriations, reimburse the State

3 and political subdivisions for costs incurred in perform4 ance of the agreement.

5 (c) LIABILITY.—A State or a political subdivision of

6 the State shall be liable to the United States in indem7 nification for any liability imposed on the United States

8 for an act or omission by an employee of the State or polit9 ical subdivision providing services under an agreement

10 under subsection (a).

Æ
1

Tel: 978.562.9182 ● Fax: 978.568.8231 ● info@collingsfoundation.org ● www.collingsfoundation.org 

### T H E C O L L I N G S F O U N D A T I O N

P . O. Box 24 8, 1 37 Ba r t on Roa d , St ow, M A 01 7 7 5

`

John W. McGraw

, Acting Director

Flights Standards Service

Federal Aviation Administration

800 Independence Ave.

Washington, DC. 20591

August 27 , 2010

Dear Acting D irector McGraw

,

In support of our application of reconsideration submitted to you on June 16, 2010 we submit

this additional information. On June 30, 2010 the Liberty Foundation was granted exemption

8565C, an amendment to 8565 , from John Allen . The amend ment added a P

- 40 Warhawk to be

operated by the Liberty Foundation. Although exemption 8565C was issued subsequent to

Collings Foundation ’ s exemption 6540 J issued May 7, 2010 and 6540K issued June 16, 2010 it

does not have many of the same limitations that were imposed by 6540J /K

.

Issue A:

Collings Foundation : 6540K Paragraph 37

. “... [ T]he PIC is prohibited from performing

aerobatic flights while passengers are aboard the aircraft.”

Liberty Foundation: 8565C does not limit nor prohibit the Liberty Foundat ion from

performing aerobatics although they operated an aircraft that is aerobatic capable

.

No other FAA issued Exemption Letter has had this provision (Paragraph 37) , including the

most recent letters for the Commemorative Air Force, Cavanaugh Flight M useum, and

Indiana Aviation Museum. All of these organizations operate aerobatic capable aircraft

including P

- 51’s F4U’s T

- 28’s etc that offer aerobatic flights. With precedent being upheld

by 8565 for not restricting aerobatic flight we feel that the FAA has improperly interpreted

precedent as outlined in 14 CFR Section 11.101 and Paragraph 37 should be removed.2

Tel: 978.562.9182 ● Fax: 978.568.8231 ● info@collingsfoundation.org ● www.collingsfoundation.org Issue B:

Collings Foundation: 6540K Paragraph 40 “No persons other than the assigned flight

c rewmembers may be permitted to manipulat e the flight controls during flight

operations”.

Liberty Foundation: 8565C does not limit or prohibit passengers from manipulating the

flight controls.

Both 6540K Paragraph 39 and 8565C Paragraph 24. State: “No persons other than

assigned flight cr ewmembers may be permitted on the pilot station of the aircraft during

flight operations”. Collings Foundation is not contesting 6540K Paragraph 39.

The Collings Foundation would submit since no previous exemption letter carried this

provision ( Paragrap h 40) and 8565C upheld this, the FAA has improperly interpreted

precedent as outlined in 14 C FR Section 11.101 and Paragraph 40 should be removed.

I look forward to resolving these issues with you.

Warmest Regards,

/s/

Rob Collings

Executive Dire ctor

The Collings Foundation
From: Jamie Zech [ mailto:jamie.zech@tceq.texas.gov ]

Sent: Monday, July 18, 2016 9:24 AM

To: Walser, John < Walser.John@epa.gov >

Cc: Thomas, Carrie < Thomas.Carrie@epa.gov >; Aisling, Kathleen(R6) < Aisling.Kathleen@epa.gov >;

Morris Brown < morris.brown@tceq.texas.gov >; Donna Huff < donna.huff@tceq.texas.gov >; Terry Salem

< terry.salem@tceq.texas.gov >; Sierra Redding < Sierra.Redding@tceq.texas.gov >

Subject: RE: Correct link to adopted TCEQ Rule Project No. 2013

‐ 035

‐ 114

‐ AI

Hi John,

Thank you for consulting with us to address concerns with 30 TAC §114.21 as you review the TCEQ’s

Rule Project No. 2013

‐ 035

‐ 114

‐ AI, and thank you for your patience as we research the matte r. If the

only outstanding issue with EPA’s review of the submitted rule revision concerns what to do with

amended §114.21, we request that you postpone your review of that section and, at this time, make a

determination concerning the other amended sections submitted for approval with that rule revision.

We are in the process of determi ning a timeline for the state’s anti

‐ tampering rules and what was

approved into the SIP, which appears to involve several numbering iterations. Once the history of the

state’s anti

‐ tampering rule is clear, we will be able to make an appropriate decision about how to

proceed for that section as well as §11 4.20.

Please let me know whether you are able to move forward, excepting the revision to 30 TAC §114.21,

with EPA’s determination for the state’s Rule Project No. 2013

‐ 035

‐ 114

‐ AI.

Thanks again, John!

Best,

Jamie

Jamie Zech

Air Quali ty Division

512.239.3935 (Wk)

Texas Commission on Environmental Quality

PO Box 13087, MC#206

Austin, TX 78711
THE THIRTEENTH COURT OF APPEALS

13-20-00347-CV

In the Interest of K.N.H., a child

On Appeal from the

309th District Court of Harris County, Texas

Trial Court Cause No. 2016-58588

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the judgment of the trial court should be affirmed in part and reversed 

in part, and the case should be remanded to the trial court. The Court orders the 

judgment of the trial court AFFIRMED IN PART and REVERSED IN PART, and the 

case is REMANDED for further proceedings consistent with its opinion. Costs of the 

appeal are adjudged against appellants.

We further order this decision certified below for observance.

January 27, 2022
Exhibit 10.28


 


SUBSIDIARY
GUARANTOR CONSENT


 


Each of the undersigned hereby consents to the foregoing Amendment and
hereby confirms and agrees that (a) notwithstanding the effectiveness of
such Amendment, each Loan Document to which it is party is, and shall continue
to be, in full force and effect and is hereby ratified and confirmed in all
respects, except that, on and after the effectiveness of such Amendment, each
reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof”
or words of like import shall mean and be a reference to the Credit Agreement
as amended by such Amendment and (b) the Collateral Documents to which
each of the undersigned is a party and all of the Collateral described therein
do, and shall continue to, secure the payment of all of the Secured Obligations
(in each case, as defined therein) except to the extent limited by the terms of
the Collateral Documents.


 


BERSEC INTERNATIONAL LLC


KROECK & ASSOCIATES LLC


LIND-WALDOCK SECURITIES, LLC


MARSHALL METALS, LLC


MARKET EDUCATIONAL INSTITUTE, LLC


REFCO ADMINISTRATION, LLC


REFCO CAPITAL LLC


REFCO CAPITAL HOLDINGS, LLC


REFCO CAPITAL MANAGEMENT, LLC


REFCO CAPITAL TRADING LLC


REFCO FINANCIAL, LLC


REFCO FIXED ASSETS MANAGEMENT, LLC


REFCO F/X ASSOCIATES, LLC


REFCO GLOBAL CAPITAL MANAGEMENT LLC


REFCO GLOBAL FUTURES, LLC


REFCO GLOBAL HOLDINGS, LLC


REFCO INFORMATION SERVICES, LLC


REFCO MANAGED FUTURES, LLC


REFCO MORTGAGE SECURITIES, LLC


REFCO REGULATED COMPANIES, LLC


SUMMIT MANAGEMENT, (NEWCO) LLC


WESTMINSTER-REFCO MANAGEMENT LLC


 


	
   

  	
  By:

  	
  /s/ PHILLIP BENNETT

  	
   

  
	
   

  	
   

  	
  Name:

  	
  Phillip Bennett

  
	
   

  	
   

  	
  Title:

  	
  President
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 this Annual Report of UnionBanCal Corporation (the "Company") on Form 10-K for the year ending December 31, 2009 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, John F. Woods, Chief Financial 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 my knowledge:



Dated:
March 10, 2010

By:

/s/ JOHN F. WOODS John F. Woods Chief Financial Officer


---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                  12,947
<TOTAL-ASSETS>                                  52,958
<CURRENT-LIABILITIES>                            4,590
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            46
<OTHER-SE>                                      37,924
<TOTAL-LIABILITY-AND-EQUITY>                    52,958
<SALES>                                         48,166
<TOTAL-REVENUES>                                48,166
<CGS>                                           26,463
<TOTAL-COSTS>                                   26,463
<OTHER-EXPENSES>                                15,004
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 475
<INCOME-PRETAX>                                  6,721
<INCOME-TAX>                                     2,459
<INCOME-CONTINUING>                              4,262
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,262
<EPS-PRIMARY>                                      .93
<EPS-DILUTED>                                      .90


</TABLE>
#### Barbara S. RANDALL, On Her Own Behalf and as Personal Representative of the Estate of the Decedent, Theodore F. Randall, Jr., and on the Behalf of the Children, Rod Anthony Randall and Holly Leann Randall, Plaintiff-Appellee-Cross Appellee, v. CHEVRON, U.S.A., INC., Defendant-Appellee-Cross Appellant, v. SEA SAVAGE, INC., et al., Defendants-Appellants-Cross Appellees, v. AMERICAN HOME ASSURANCE COMPANY, Defendant-Appellant.

No. 91-9567.

United States Court of Appeals, Fifth Circuit.

May 26, 1994.

J. Fredrick Kessenich, John F. Emmett, Emmett, Cobb, Waits & Kessenich, New Orleans, LA, for American Home Assur. Co. and Sea Savage, et al.

Randy J. Ungar, Jennifer F. Nicaud, New Orleans, LA, for Barbara S. Randall.

Neal D. Hobson, John R. Santa Cruz, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, for Chevron, U.S.A., Inc.

*

 Chief Judge of the Eastern District of Texas, sitting by designation.

ON PETITION FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC

Before KING and JOLLY, Circuit Judges and PARKER,* District Judge.

PER CURIAM:

The Petition for Rehearing is DENIED and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Federal Rules of Appellate Procedure and Local Rule 35), the Suggestions for Rehearing En Banc are also DENIED.

We withdraw footnote 6 of our opinion in this case. Additionally, we revise our mandate, part IV of the opinion, to read as follows:

> For the foregoing reasons, we REVERSE the district court’s award for pain and suffering and REMAND for the granting of a remittitur to $500,000 or a new trial on damages at Sea Savage’s option. We REVERSE the district court’s holding that Chevron is entitled to indemnification from Sea Savage under the time charter for those damages attributable to Chevron’s own negligence. We also REVERSE the district court’s denial of attorneys’ fees to Chevron for its defense of the claim for punitive damages and REMAND for determination of those fees. In all other respects the judgment of the district court, including the order that Sea Savage reimburse Chevron for 75% of the workers’ compensation payments made on behalf of Theodore F. Randall, is AFFIRMED. Costs shall be borne by Chevron and Sea Savage.
AMENDMENT TO 10% PROMISSORY NOTE


PRINCIPAL AMOUNT $_________


DATED MAY 10, 2010







WHEREAS, on May 10, 2010 Max Cash Media, Inc., a Nevada corporation (the “Obligor”), issued a 10% Promissory Note (the “Note”) due November 9, 2011 (the “Original Maturity Date”) in the principal amount of $__________ in favor of _______________________ (the “Payee”); and







WHEREAS, the Obligor and the Payee wish to amend the terms of the Note, to extend the Original Maturity Date by eighteen months and to provide for the continued accrual of interest on the outstanding principal amount of the Note during such extension on the same terms as provided in the Note (i.e. 10% per annum).







NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Obligor and the Payee hereby agree that: (i) the unpaid principal balance of the Note shall be due and payable on May 9, 2013 (the “New Maturity Date”), and (ii) interest shall continue to accrue on the unpaid principal balance of the Note at an annual rate of 10%, from the date of this Amendment until the New Maturity Date, and shall be paid in full, together with all previously accrued interest, on the New Maturity Date.  All other terms and conditions of the Note remain unchanged.







IN WITNESS WHEREOF, this Amendment has been duly executed by the Obligor and acknowledged by the Payee as of the 9th day of November, 2011.


 



	  	
MAX CASH MEDIA, INC.

	  
	  	  	  	  
	  	
By:

	
 

	  
	  	
Name:

	
Noah Levinson

	  
	  	
Title:

	
Chief Executive Officer
**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**

| i.   | The              Report fully complies with the requirements of section 13(a) or 15(d)              of              the Securities Exchange Act of 1934; and |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------|

| ii.   | The              information contained in the Report fairly presents, in all material              respects, the financial condition and results of operations of the              Company. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| March                27, 2007 | By:    | /s/                Ronald C. Morgan                                     |
|-------------------------------|--------|-------------------------------------------------------------------------|
|                          |   | **Ronald                C. Morgan**                                     |
|                          |   | **President                and Chief Executive Officer**                |
|                          |   |                                                                    |
| March                27, 2007 | By:    | /s/                Shannon L. Greene                                    |
|                          |   | **Shannon                L. Greene**                                    |
|                          |   | **Chief                Financial Officer and                Treasurer** |