alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Earl Wayne COATS, Plaintiff-Appellee, Cross-Appellant, v. PENROD DRILLING CORPORATION, et al., Defendants, Penrod Drilling Corporation and Hytorc, M.E., Defendants-Appellants, Cross-Appellees.

No. 92-7378.

United States Court of Appeals, Fifth Circuit.

April 28, 1994.

James 0. Dukes, Bryant, Clark, Dukes, Blakeslee, Ramsay *&*Hammond, Gulfport, MS, James O.M. Womack, Bernard H. Ticer, Burke & Mayer, New Orleans, LA, for Pen-rod.

*615William B. Gibbens, III, Gelpi, Sullivan, Carroll & Gibbens, P.C., New Orleans, LA, for Hytorc, M.E.

Maurice C. Hebert, Jr., David M. Flotte, Hebert, Mouledoux & Bland, New Orleans, LA, for appellee.

ON SUGGESTIONS FOR REHEARING EN BANC

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.
Amendment #16 to Master Services Agreement



 Exhibit 10.11.18 

AMENDMENT #16 
 TO 
 SYNACOR MASTER SERVICES AGREEMENT 

This Amendment (“Amendment”) effective October 1, 2011 (“Amendment Effective Date”) is between Synacor, Inc.
(“Synacor”) and Embarq Management Company, (“Embarq”) under which the parties hereto mutually agree to modify and amend the Synacor Master Services Agreement, MSA No. MSAX063015TPS, dated December 4,
2006 including the contract orders, exhibits, schedules and amendments thereto (the “Agreement”). All terms defined herein shall be applicable solely to this Amendment. Any capitalized terms used herein, which are defined in the
Agreement and not otherwise defined herein, shall have the meanings ascribed to them in the Agreement. 
 In consideration of the premises and
mutual covenants herein and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: 
  

	1.0	Modification of Notice Period: The parties hereby ·agree that notwithstanding the required notice period set forth in Section 6.1 of the Agreement,
either party shall have until November 1, 2011 to provide the other written notice of its intent not to renew the Agreement. If no notice is received by either party on or before November 1, 2011, the Agreement will automatically renew in
accordance with its Section 6.1. 

  

	2.0	Scope of Amendment: This Amendment supersedes all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating
to the subject matter of this Amendment and all past dealing or industry custom. This Amendment shall be integrated in and form part of the Agreement upon execution. All terms and conditions of the Agreement shall remain unchanged except as
expressly modified in this Amendment; and the terms of the Agreement, as modified by this Amendment, are hereby ratified and confirmed. Where the terms of the Agreement conflict with those of this Amendment, however, the terms of this Amendment
shall control. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 


IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Amendment Effective Date. 

 

									
	SYNACOR, INC.	 		 	Embarq Management Company (Client):
					
	By:	 	 /s/ Scott Bailey
	 		 	By:	 	 /s/ Randy J. Williams

					
	Name:	 	 Scott Bailey
	 		 	Name:	 	 Randy J. Williams

					
	Title:	 	 COO
	 		 	Title:	 	 Senior Sourcing Analyst
<PAGE>

EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report of Webtronics, Inc. (the
"Company") on Form 10-QSB for the quarter ended March 31, 2003 as filed with the
Securities and Exchange Commission on May 19, 2003, (the "Report"), I, Christoph
Bruening, President and Sole Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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.



/s/ Christoph Bruening
----------------------------------
Christoph Bruening
President and Sole Officer
May 19, 2003
II

Calendar No. 306

104TH CONGRESS

2D SESSION S. 1518

To eliminate the Board of Tea Experts by prohibiting funding for the Board

and by repealing the Tea Importation Act of 1897.

IN THE SENATE OF THE UNITED STATES

JANUARY 5 (legislative day, JANUARY 3), 1996

Mr. BROWN (for himself and Mr. REID) introduced the following bill; which

was read the first time

JANUARY 10, 1996

Read the second time and placed on the calendar

A BILL

To eliminate the Board of Tea Experts by prohibiting funding for the Board and by repealing the Tea Importation

Act of 1897.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Tea Tasters

5 Repeal Act of 1996’’.
2

S 1518 PCS

1 SEC. 2. PROHIBITION OF FUNDING.

2 None of the funds appropriated or made available to

3 the Federal Drug Administration shall be used to operate

4 the Board of Tea Experts and related activities.

5 SEC. 3. REPEAL OF TEA IMPORTATION ACT OF 1897.

6 The Tea Importation Act (21 U.S.C. 41 et seq.) is

7 repealed.

8 SEC. 4. EFFECTIVE DATE.

9 This Act shall take effect on the date of enactment

10 of this Act.

Calendar No. 306

104TH CONGRESS

2D SESSION S. 1518

A BILL

To eliminate the Board of Tea Experts by prohibitTea Importation Act of 1897. ing funding for the Board and by repealing the

JANUARY 10, 1996

Read the second time and placed on the calendar
Exhibit 32.1

Certification of Chief Executive 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, 2009 (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, 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/ STEVEN F. TUNNEYName:

Steven F. TunneyTitle:

Chief Executive OfficerDate:

August 4, 2009
AFS-12-436-E July 5, 2012

Exemption No. 10582 Regulatory Docket No. FAA-2012-0628

Ms. Jo Robichaud Parent of Cody Thoman 3825 Jettie Court, SW. Lilburn, GA 30047

Dear Ms. Robichaud:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and lists the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter received June7, 2012 you petitioned the Federal Aviation Administration (FAA) on behalf of Cody Thoman for an exemption fr om § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Cody to exceed the specified weight limit for an FAA-approved child restraint system (CAReS, manufactured by AmSafe Corporation) during use of that child restraint system (CRS) aboard a United States (U.S.) aircraft.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent and any delay in acting on this petition would be detrimental to Cody.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA found that numerous people with physical challenges had previously completed flights using2

restraint systems that addressed unique physical needs regarding safety, support, and security in the same manner of operations as described in this petition. The FAA further found that the petition, if granted, would not set any new precedents regarding the use of restraint systems by persons with disabilities.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed grant.

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Cody Thoman exemption from 14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Cody is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Cody to exceed the specified weight limit for an FAA-approved CRS during use of that CRS aboard a U.S. aircraft.

All operations under this exemption must be conducted with at least one of Cody’s parents or a caregiver accompanying him. Cody Thoman may only occupy a passenger seat with no passenger seated behind him. In addition, Cody’s parent or caregiver must carry a copy of this exemption and advise the air carrier about the contents of the exemption at least 48 hours before the date of each flight.

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/S/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosure
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

DATA COMPLETENESS REPORT

Report Request ID: 1018494 Report Code: AMP430 Sep. 12, 2012

Selection Criteria Page 1

User ID: KHO

State County City Site Parameter POC AQCR UAR CBSA CSA

EPA

Region Method Duration Begin Date End Date

06 007

GEOGRAPHIC SELECTIONS

PROTOCOL SELECTIONS

Parameter

Classification Parameter Method Duration

CRITERIA 88101

SELECTED OPTIONS

OZONE EVALUATION

AGENCY ROLE

MERGE PDF FILES

Option Type Option Value

SEASONAL-HOURLY

REPORTING

YES

SORT ORDER

1

2

3

4

5

6

7

Order Column

EPA_REGION

STATE_CODE

MONITOR_TYPE

COUNTY_CODE

SITE_ID

PARAMETER_CODE

POC

GLOBAL DATES

2011

Start Date End Date

01 12 2011

Tribal

Code
Sep. 12, 2012

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM

DATA COMPLETENESS REPORT

Page 1 of 3

MONITORS NOT REPORTING 
Sep. 12, 2012

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM

DATA COMPLETENESS REPORT

Page 2 of 3

DATE RANGE: 

REGION: (09) SAN FRANCISCO

California MONITOR TYPE: 

California Air Resources Board

SLAMS

JAN. 01, 2011 THRU DEC. 31, 2011

SITE ID

CITY

ADDRESS

PARAMETER POC DURATION

METHOD

------------------------------- OBSERVATIONS -------------------------------

NUMBER / PERCENT

06-007-0002 88101 PM2.5 - Local Conditions 1 7

Chico

468 MANZANITA AVE, CHICO

117

5

 100%

5

 100%

5

 100%

5

 100%

5

 100%

5

 100%

5

 100%

6

 100%

5

 100%

4

 80%

5

 100%

5

 100%

60

 98%

MONITORS REPORTING 

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YEAR

STATE:

REP ORG:
Sep. 12, 2012

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

AIR QUALITY SYSTEM

DATA COMPLETENESS REPORT

Page 3 of 3

DATE RANGE: 

REGION: (09) SAN FRANCISCO

California

MONITOR TYPE: 

California Air Resources Board

SLAMS

JAN. 01, 2011 THRU DEC. 31, 2011

PARAMETER ACTIVE MONITORS # NOT REPORTING # MONITORS > 75% MONITORS AVG COMPLETENESS

88101 PM2.5 - Local Conditions 1 0 1 98.0%

1 0 1 98.0%

1 0 1 98.0%

1 0 1 98.0%

1 0 1 98.0%

1 0 1 98.0%

California Air Resources Board

California

REGION SUMMARY: (09) SAN FRANCISCO

REPORT SUMMARY: 

MT SUMMARY: SLAMS

REPORT SUMMARY

STATE:

STATE SUMMARY: 

REP ORG:

RO SUMMARY:
<PAGE>   1
                                                                    EXHIBIT 5


                                 LAW OFFICES OF
                      PAUL, HASTINGS, JANOFSKY & WALKER LLP
       A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS

                              695 TOWN CENTER DRIVE
                        COSTA MESA, CALIFORNIA 92626-1924
                            TELEPHONE (714) 668-6200
                            FACSIMILE (714) 979-1921
                              INTERNET www.phjw.com


                                January 14, 1997




Inland Casino Corporation
4225 Executive Square, Suite 1650
La Jolla, California 92037

     Re:          1996 Nonemployee Directors Stock Option Plan

Ladies and Gentlemen:

                  We have acted as counsel for Inland Casino Corporation, a Utah
corporation (the "Company"), in connection with the 1996 Nonemployee Directors
Stock Option Plan of the Company (the "Plan"). We have examined such documents,
records, and matters of law as we have deemed necessary for purposes of this
opinion, and based thereupon we are of the opinion that the shares of the
Company's common stock, $.001 par value per share (the "Common Stock"), that may
be issued and sold pursuant to the Plan will be, when issued and sold in
accordance with such Plan, duly authorized, validly issued, fully paid and
nonassessable.

                  We hereby consent to the filing of this opinion as Exhibit 5
to the Registration Statement on Form S-8 to be filed by the Company on or about
January 14, 1997, to effect registration of the shares of Common Stock to be
issued and sold pursuant to the Plan under the Securities Act of 1933, as
amended.

                              Very truly yours,



                              /s/ Paul, Hastings, Janofsky & Walker LLP
##### 



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 I, Gary M. Beasley, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of ZipRealty, Inc. on Form
10-Q for the three months ended March 31, 2005 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such
Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and
results of operations of ZipRealty, Inc. Date: May 12, 2005
    By:

/s/ Gary M. BeasleyGary M. BeasleyExecutive Vice President and Chief Financial Officer A signed original of this written statement required by Section 906 has been provided by
ZipRealty, Inc. and will be retained by ZipRealty, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
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, 2014 (the “Report”) of MCG Capital Corporation (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Beverly Jane Alley, 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/ BEVERLY JANE ALLEYName:Beverly Jane AlleyTitle:Chief Financial OfficerDateAugust 7, 2014
EX 10.26 Amendment to SYNNEX Corporation 2009 Executive Profit Sharing Plan


AMENDMENT TO 
SYNNEX CORPORATION 
EXECUTIVE PROFIT SHARING PLAN
In accordance with Section 7 of the SYNNEX Corporation Executive Profit Sharing Plan, as amended (the “Plan”), the Plan was amended by the Compensation Committee of SYNNEX Corporation in January 2011, as follows: 
1.    The last sentence of the fourth paragraph of Section 4 of the Plan is amended and restated in its entirety as follows, effective with respect to 2011 bonus awards and thereafter:
“In no event may a participant receive an award of more than $3 million under the Plan for any fiscal year.”
2.    Section 4 of the Plan is amended by adding the following new paragraphs at the end thereof, effective with respect to 2011 bonus awards and thereafter:
“The Committee is also authorized to recover any award or portion thereof made in the previous 36 months to a participant in the event of a “recoverable event.” A recoverable event includes (i) a participant’s engagement in fraud or other intentional misconduct that is detrimental to the Company resulting in the participant’s termination of employment with the Company or (ii) payment of an award under the Plan that is based on materially inaccurate financial results or performance metrics. 
The Committee, may, in its sole discretion, take any or all of the following actions upon its determination that a recoverable event has occurred with respect to a participant: (i) cause the participant to forfeit any unpaid award as of the recoverable event and/or (ii) recover any and all awards earned and received or realized by the participant during the period commencing on the date of the occurrence of the recoverable event and ending on the date on which it determines that the recoverable event has occurred, but not to exceed the 36-month period preceding the date of such determination (with interest). 
The foregoing compensation recoupment provision is in addition to, and not in lieu of, any requirements under the Sarbanes-Oxley Act and shall apply notwithstanding anything to the contrary in the Plan.”
3.    Except as amended hereby, all other terms and conditions of the Plan remain in full force and effect.



To record the amendment of the Plan by the Compensation Committee, SYNNEX Corporation has caused this document to be executed by its duly authorized officer.
SYNNEX CORPORATION
By:       /s/ Simon Y. Leung                 
Name:  Simon Y. Leung
Title:     Senior Vice President, General Counsel and Corporate Secretary
<TABLE> <S> <C>

                                   
<ARTICLE>                     5
<LEGEND>                    THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
Exhibit 27
INFORMATION  FROM ONLINE  SYSTEM  SERVICES,  INC.  FINANCIAL  STATEMENTS  AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001011901
<NAME>                        ONLINE  SYSTEM  SERVICES,  INC.             
       
<S>                           <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>           Dec-31-1996
<PERIOD-START>              Jan-01-1996
<PERIOD-END>                Dec-31-1996
<CASH>                        1,645,163
<SECURITIES>                  3,855,343
<RECEIVABLES>                   294,201
<ALLOWANCES>                     64,851
<INVENTORY>                     195,941
<CURRENT-ASSETS>              6,209,693
<PP&E>                          672,296
<DEPRECIATION>                  185,952
<TOTAL-ASSETS>                6,860,653
<CURRENT-LIABILITIES>           511,405
<BONDS>                          32,647
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<COMMON>                      7,953,665
 <OTHER-SE>                  (1,637,064)
<TOTAL-LIABILITY-AND-EQUITY>  6,860,653
<SALES>                         319,425
<TOTAL-REVENUES>              1,445,042
<CGS>                           232,511
<TOTAL-COSTS>                   949,920
<OTHER-EXPENSES>                      0
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>                    0
<INCOME-PRETAX>              (1,420,432)
<INCOME-TAX>                          0
<INCOME-CONTINUING>          (1,420,432)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                 (1,420,432)
<EPS-PRIMARY>                      (.52)
<EPS-DILUTED>                      (.52)
        


</TABLE>
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

I, Charles C. Baker, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Quarterly Report of ZipRealty, Inc. on Form 10-Q for the three months ended September 30, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of ZipRealty, Inc.



|                       |  |  |  |     |  |                         |  |                                                     
|---------------------- |  |  |  | --- |  | ----------------------- |  | ----------------------------------------------------
|Date: November 4, 2009 |  |  |  | By: |  | /s/    Charles C. Baker
|                       |  |  |  |     |  |                         |  | Charles C. Baker                                    
|                       |  |  |  |     |  |                         |  | Executive Vice President and Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided by ZipRealty, Inc. and will be retained by ZipRealty, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.