alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-04-0235-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

NOVEMBER 23, 2004

______________________________

BENNY JOE ALVAREZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;

NO. 45,644-A; HONORABLE HAL MINER, JUDGE

_______________________________

Before QUINN and REAVIS and CAMPBELL, JJ.

ABATEMENT AND REMAND

Following his plea of not guilty, appellant Benny Joe Alvarez was convicted by a jury

of aggravated assault with a deadly weapon, enhanced, and punishment was assessed at

27 years confinement. Both the clerk’s record and reporter’s record have been filed.

Attorney Gerald D. McDougal filed an Anders brief on July 16, 2004, and appellant filed a
1Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2

pro se response on November 18, 2004.1 The State did not favor us with a brief. Upon

suggestion of death of appellant’s attorney, we now abate this appeal and remand the

cause to the trial court.

Upon remand, the trial court shall immediately cause notice of a hearing to be given

and, thereafter, conduct a hearing to determine the following:

1. whether appellant desires to prosecute this appeal; and

2. whether appellant is indigent and entitled to new appointed counsel.

The trial court shall cause a hearing to be transcribed. Should it be determined that

appellant does want to continue the appeal and is indigent, then the trial court shall also

take such measures as may be necessary to assure appellant effective assistance of

counsel, which measures may include the appointment of new counsel. If new counsel is

appointed, the name, address, telephone number, and state bar number of said counsel

shall be included in the order appointing new counsel. The trial court shall execute findings

of fact, conclusions of law, and such orders as the court may enter regarding the

aforementioned issues, and cause its findings and conclusions to be included in a

supplemental clerk's record. A supplemental record of the hearing shall also be included

in the appellate record. Finally, the trial court shall file the supplemental clerk's record and

supplemental reporter's record with the Clerk of this Court by Friday, January 14, 2005.
3

Should new counsel be appointed, the Clerk of the Court is instructed to accept and

file any brief or supplemental brief newly appointed counsel desires to file. Absent a motion

for extension of time, new counsel’s brief(s) shall be due within 30 days after filing of the

supplemental clerk’s and reporter’s records. The State’s brief will be due within 60 days

following filing of the supplemental clerk’s and reporter’s records or within 30 days following

the filing of new counsel’s brief(s), whichever is later. Tex. R. App. P. 38.6(a) & (b). 

It is so ordered.

Per Curiam

Do not publish.
Exhibit 10.30


 


AMENDMENT TO TERMINALING SERVICES AGREEMENT


 


(October 17, 2016)


 


This Amendment to Terminaling Services Agreement
is made as of the 17th day of October, 2016 between Center Point Terminal Company, LLC, a Delaware limited liability company (“Terminal”),
and Apex Oil Company, Inc., a Missouri corporation (“Customer”).


 


RECITALS


 


A.                
Terminal and Customer are party to that certain Terminaling Services Agreement dated August 14, 2013, as amended (collectively,
the “Agreement”), which Agreement provides for the storage and handling of various petroleum products
as specified therein at the Terminal Facilities.


 


B.                
Terminal and Customer desire to amend the Agreement pursuant to the terms and conditions contained herein.


 


AGREEMENT


 


In consideration of the foregoing, the mutual
covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby
acknowledged by the parties by their execution hereof), the parties agree as follows:


 


1.                 
Definitions. All capitalized terms not otherwise expressly defined herein shall have the respective meanings given
thereto in the Agreement.


 


2.                 
Amendments.


 


2.1       Stipulated
Volumes. Schedule B of the Agreement shall be amended to increase the Stipulated Volumes at the Glenmont Terminal Facility
by 66,371 barrels effective October 17, 2016, as shown on the Amended Schedule B attached hereto and incorporated herein
by this reference.


 


3.       No
Other Modifications. Nothing contained herein in any way impairs the Agreement or alters, waives, annuls, varies or affects
any provision, condition or covenant therein, except as specifically set forth in this Amendment to the Agreement. All other terms
and provisions of the Agreement remain in full force and effect.


 


[Signature Page Immediately Follows]


 




     


     


    

 


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





 


	 	CENTER POINT TERMINAL COMPANY, LLC
	 	 	 
	 	By:	/s/ Ken Fenton
	 	Name: 	Ken Fenton
	 	Title: 	Executive Vice President
	 	 	 
	 	APEX OIL COMPANY, INC.
	 	 	 
	 	By:	/s/ Christopher J. Schmitt
	 	Name: 	Christopher J. Schmitt
	 	Title:  	Chief Financial Officer



 



     


     


    

 


AMENDED SCHEDULE B


 


(Effective as of October 17, 2016)


 


STIPULATED VOLUMES AND TYPES OF PRODUCT


  


	 	Albany	Baltimore	Blakeley Island	Chesapeake	Gates	Glenmont	Greensboro	Jacksonville	Newark	North Little Rock	Salisbury	St. Louis	Total
	Stipulated Volumes/bbl	612,062	853,900	N/A	78,400	101,178	1,846,511	664,107	251,618	433,000	233,559	147,123	 	5,221,458 (excluding biodiesel and asphalt)
	Biodiesel volumes/bbl	 	 	 	 	 	 	 	 	500	 	 	 	500
	Asphalt Stipulated Volumes/bbl	 	 	 	165,000	 	 	 	 	 	 	 	347,820	512,820


 


This Amended Schedule B reflects all revisions to
the Agreement as of October 17, 2016.
EX-10.34



 Exhibit 10.34 

L. B. Foster Company 

2017 PERFORMANCE SHARE UNIT PROGRAM 

(2017-2019) 
 [DATE] 

[NAME AND ADDRESS] 
 Dear [NAME]: 

Pursuant to the terms and conditions of the L. B. Foster Company 2017 Performance Share Unit Program (the “Program”), a component of
the Long Term Incentive Program, the Compensation Committee of the Board of Directors of L. B. Foster Company (the “Committee”) has awarded you             Performance Share Units
(the “Award”). The terms and conditions of your Award are governed by the provisions of the Program document attached hereto as Exhibit A, the terms of which are hereby incorporated by reference. Capitalized terms
not otherwise defined herein shall each have the meaning assigned to them in the Program. 
  

			
	  





			
	Name:  	 	  

	Title:	 	  



 I hereby acknowledge and accept the Award described above subject to all of the terms and conditions of
the Program including, without limitation, the forfeiture and covenant provisions set forth in Sections 11, 12 and 13 of the Program, regardless of whether the Award ever results in a payment under the Program. I further acknowledge receipt of
a copy of the Program document and the L. B. Foster Company 2006 Omnibus Incentive Plan, as amended (the “Plan”), and I agree to be bound by all the provisions of the Program and the Plan, as amended from time to time. 

By signing below, I acknowledge that: (i) I have read and understand the Program including, without limitation, the provisions that
require me to repay monies to the Company if (A) I breach Section 11 or 12 of the Program or (B) the Company is required to prepare an accounting restatement to the extent set forth in Section 13(c); (ii) the Performance Share
Units that have been awarded to me have no independent economic value, but rather are mere units of measurement to be used in calculating benefits, if any, available under the Program; (iii) I agree to accept as binding, conclusive and final
all decisions or interpretations of the Compensation Committee upon any questions arising under this Award, the Program or the Plan; and (iv) my decision to participate in the Program is completely voluntary and done with full knowledge of its
terms. I further acknowledge and agree that, except as otherwise specifically provided in the Program, in the event I terminate employment prior to the Payment Date, the Performance Share Units awarded to me shall
be cancelled and forfeited, whether payable or not, without payment by the Company or any Subsidiary. 
  

							
	Signature:  	 	  
	 	    Date:  	 	  

		 	 Name
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 214 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 214

  For the relief of Fanie Phily Mateo Angeles, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 12 (legislative day, January 10), 1995

  Mr. Inouye introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  For the relief of Fanie Phily Mateo Angeles, and for other purposes.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR FANIE PHILY MATEO ANGELES.

    (a) In General.--Notwithstanding any provision of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), Fanie Phily Mateo Angeles 
shall be held and considered to have been lawfully admitted to the 
United States for permanent residence as of the date of the enactment 
of this Act.
    (b) Visa Fee.--Subsection (a) shall become effective on the payment 
of the required visa fee for permanent residence.

SEC. 2. REDUCTION IN NUMBER OF IMMIGRANT VISAS.

    On the granting of permanent residence status to Fanie Phily Mateo 
Angeles under section 1, the Secretary of State shall reduce by the 
proper number, during fiscal year 1995 or 1996, the number of immigrant 
visas that are made available to natives of the country of birth of 
Fanie Phily Mateo Angeles, under sections 203(a) and 202(e) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a) and 1152(e)).
                                 <all>
```
Exhibit 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the
annual report on Form 10-K/A of MeriStar Hospitality Corporation (the Registrant) for the year ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned hereby certifies, in the capacity as indicated below and pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, 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.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                 
|-------------------- |  | --------------------------------
|Date: April 28, 2006 |  | /s/ Donald D. Olinger           
|                     |  | Donald D. Olinger               
|                     |  | Chief Financial Officer         
|                     |  | MeriStar Hospitality Corporation
Exhibit 23.1 Consent of PricewaterhouseCoopers LLP 

 

CONSENT OF INDEPENDENT ACCOUNTANTS 

 

We hereby consent to the incorporation by reference in the Registration Statement on FormsS-3 (File No. 333-31046, File No. 333-48664, File No. 333-61832, and File No. 333-69718) and Forms S-8 (File No. 333-75351, File No. 333-34999, File No. 333-83225, File No. 333-95569, File No. 333-60148, File No. 333-81856, File No. 333-81854, FileNo. 333-64144, File No. 333-100138, and File No. 333-101700) of AdvancePCS of our report dated May 9, 2003, except with respect to the matter discussed in *Basis of Presentation* in Note 2 relating to the adoption of EITF 02-16, as to which thedate is June 18, 2003, relating to the financial statements and financial statement schedule, which appears in this Form 10-K. 

 

/s/    PRICEWATERHOUSECOOPERS LLP 

 

Dallas, Texas 

June 30, 2003
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

The undersigned, the Chief Financial Officer of Gladstone Capital Corporation (the Company), hereby certifies on the date hereof, pursuant to 18
U.S.C. §1350(a), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2014 (Form 10-Q), filed concurrently herewith by the Company,
fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Dated: April 30, 2014



|                       
|-----------------------
|/s/ Melissa Morrison   
|Melissa Morrison       
|Chief Financial Officer
Exhibit 99.3



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 of AdvancePCS (the Company) on Form 10-K/A for the
period ended March 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I Yon Y. Jorden, 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, to the best of my knowledge and belief, 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/    YON Y. JORDEN                 
|                                     
|Yon Y. Jorden Chief Financial Officer



July
29, 2003
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 Trinity Capital Partners. Inc. (the “Company”) on Form 10-Q for the quarter
ended June 30, 2004 (the “Report”), I, David Lazar, Chief Financial Officer of the Company, hereby 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), as applicable, 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.



|Dated:
    July 31, 2020 | By: | /s/
    David Lazar                                                           
|------------------------ | --- | ------------------------------------------------------------------------------
|                         |     | David
    Lazar                                                               
|                         |     | Chief
        Financial Officer
        (Principal
        Accounting Officer)
---

SECTION 906 CERTIFICATION

CERTIFICATION TO 18 U.S.C. ss.1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Annual Report of Viceroy Exploration
  Ltd. (the "Company") on Form 20-F for the period ended December 31, 2003 as
  filed with the Securities and Exchange Commission on the date hereof, I, John
  P. Fairchild, Chief Financial Officer of the Company, certify pursuant to18
  U.S.C. ss.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.

Date: June 28, 2004

|"John P. Fairchild"                                                                   | 
|------------------------------------------------------------------------------------- | 
|John P. Fairchild 
      Chief Financial Officer 
      (Principal Financial Officer) | 

---
rbcaa_Ex_10.32


		
			EXHIBIT 10.32
		

		
			 
		

		
			ASSIGNMENT OF LEASE
		

		
			PNC Bank, National Association, Trustee of the Trager Family Irrevocable Trust u/a dated December 23, 1985, located at 601 West Main Street, Louisville, Kentucky, 40202 (“Assignor”) hereby assigns to Makbe, LLC, a Kentucky limited liability company, located at 601 West Market Street, Louisville, Kentucky, 40202 (“Assignee”), that certain lease previously assigned to Assignor by Teeco, LLC, as Landlord therein, to Republic Bank & Trust Company, as Tenant, dated October 1, 2005, as thereafter amended, covering premises commonly known as the 4th Floor of the Republic Corporate Center, located at 601 West Market Street, Louisville, Kentucky 40202, together with the premises therein described with the appurtenances.
		

		
			TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, from June 29, 2016, forward and including all extensions or renewals and all rents, additional rents and other amounts which are now or may hereafter become due and owing.
		

		
			Assignee hereby accepts this assignment and all of the obligations thereunder.
		

		
			[signature page to follow]
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			 
		

		
			


		 


 



		

		
			 
		

		
			 
		

		
			IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the date set forth above, but actually on the dates set forth below.
		

		
			 
		

		
			ASSIGNOR:
		

		
			PNC BANK, NATIONAL ASSOCIATION,
		

		
			TRUSTEE OF THE TRAGER FAMILY
		

		
			IRREVOCABLE TRUST U/A/D DECEMBER 23, 1985
		

		
			
		

		
			By:/s/ Robyn Cole
		

		
			Name:Robyn Cole
		

		
			Title:V.P. & Sr. Fiduciary Advisor
		

		
			Date:10/3/2016
		

		
			 
		

		
			ASSIGNEE:
		

		
			 
		

		
			MAKBE, LLC,
		

		
			A Kentucky limited liability company
		

		
			
		

		
			By:/s/ Steven E. Trager
		

		
			Name: Steven E. Trager
		

		
			Title:  Manager
		

		
			Date:6/30/2016
**TABLE OF CONTENTS**
SUBSIDIARIES OF THE COMPANY

Table of Contents
**Exhibit 21.1****SUBSIDIARIES OF THE COMPANY**     The following are subsidiaries of En Pointe Technologies, Inc.:En Pointe Technologies Sales, Inc. (incorporated in Delaware)
EX-10.10



 Exhibit 10.10 

Non-Employee Director Compensation Summary Sheet 

 

					
	 Annual Retainer
	  	$	39,655	 


					
		
	 Type of Meeting
	  	Amount Paid per Meeting	 
	 Board Meeting
	  	$	3,965	 
	 Special Meeting
	  	$	3,965	 
	 Telephonic Board Meeting
	  	$	1,130	 
	 Compensation & Nominating Committee Meeting
	  	$	1,700	 
	 Audit Committee Meeting
	  	$	3,400	 
	 Executive Committee Meeting
	  	$	3,965	 
	 Additional Fee for Chairperson (except Audit)
	  	$	1,700	 
	 Additional Fee for Audit Committee Chairperson
	  	$	2,265
Exhibit 31.2I, John E. Sharland, certify that:1. I have reviewed this report on Form 10-Q of LSB Corporation;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiary, is made known to us byothers within those entities, particularly during the period in which this report isbeing prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusion about the effectiveness of the disclosurecontrols and procedures as of the end of the period covered by this report based on suchevaluation and;  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting and;5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting to the registrant’s independentregistered public accounting firm and the Audit Committee of registrant’s Board of Directors(or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: August 12, 2005     /s/ John E. Sharland     John E. Sharland  Senior Vice President  Chief Financial Officer
27