alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.13

 

CONFIRMATION AND GUARANTEE LETTER

 

As a shareholder of Beijing Luckin Coffee Technology Ltd. (“Luckin Tech”), I hereby confirm, represent and guarantee that my successor, guardian, creditor, spouse or any other person that may be entitled to assume rights and interests in the shares of Luckin Tech held by me upon my death, incapacity, divorce or any circumstances that may affect my ability to exercise my shareholder’s rights in Luckin Tech, will not, in any manner and under any circumstances, carry out any act that may affect or hinder the fulfillment of my obligations under each of the contractual agreements (including the Master Exclusive Service Agreement, the Business Cooperation Agreement, the Proxy Agreement and Power of Attorney, the Exclusive Option Agreement executed by myself on July 20, 2018 and the Share Pledge Agreement executed by myself on September 20, 2018) (the “Contractual Agreements”).

 

I hereby further confirm that, subject to requirement by Beijing Luckin Coffee Co., Ltd. (the “WFOE”), I will unwind the Contractual Agreements and transfer all of the shares of Luckin Tech held by me to  the WFOE or any party designated by the WFOE as soon as the applicable laws of the People’s Republic of China (“PRC”) allow the WFOE  to operate the business operated by Luckin Tech (which includes but not limited to the business of developing and operating catering related Internet technology) without the Contractual Agreements.  Subject to the applicable PRC laws, when the Contractual Agreements are being unwound, I must return to the WFOE or the entity designated by the WFOE any consideration I received from the WFOE during its acquisition of the shares of Luckin Tech.

 

I hereby undertake that, during the term of the Contractual Agreements, (i) unless otherwise agreed by the WFOE in written form, I will not directly or indirectly (by myself or by entrusting any other natural person or legal entity) to engage in, own or acquire (as shareholder, partner, agent, employee or under any other circumstances) any business that competes or might compete with the business of Luckin Tech or its affiliated companies or to have any interest in such business; (ii) none of my actions or omissions will give rise to conflict of interest between myself and the WFOE (including but not limited to the shareholders of the WFOE); and (iii) in the event of any such conflict described in paragraph (ii), which shall be decided at the sole discretion of the WFOE, I will take any action as instructed by the WFOE to eliminate such conflict provided such action is compliant with PRC laws.

 

 

	
 
    	
Zhiya Qian
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
/s/ Zhiya Qian
    
	
 
    	
 
    
	
 
    	
Date: September 20,   2018
Exhibit
32.1




CERTIFICATION
FURNISHED 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 DigitalPost Interactive, Inc. (the
“Company”) on Form 10-K for the year ended December 31, 2008, as filed with
the Securities and Exchange Commission and to which this Certification is an
exhibit (the “Report”), the undersigned officer of DigitalPost Interactive, Inc.
does hereby certify, pursuant to Rule 15d-14(b) of the Securities and Exchange
Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the
United States Code 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to his
knowledge:




(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and





(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




Date:
      March 31, 2009/s/ Michael
      SawtellMichael
      SawtellChief Executive
      Officer
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The
Board of Directors and Member
TransMontaigne GP L.L.C.:

We
consent to the incorporation by reference in the registration statement (No. 333-125209) on Form S-8 of TransMontaigne Partners L.P. of our
report dated September 12, 2005, relating to the consolidated balance sheets of TransMontaigne Partners L.P. and subsidiaries as of June 30, 2005 and 2004, and the related consolidated
statements of operations and partners' equity, and cash flows for each of the years in the three-year period ended June 30, 2005, which appears in the June 30, 2005 annual
report on Form 10-K of TransMontaigne Partners L.P.

| | KPMG LLP
| | --------

Denver,
Colorado
September 12, 2005

---



QuickLinks
CERTIFICATIONS



I, John Plourde, certify that:



1.

I have reviewed this annual report on Form 20-F of Pacific Booker Minerals Inc.;



2.

Based on my knowledge, this 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 Company as of, and for, the periods presented in this report;



4.

The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the Company and have:



a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us 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 our 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 principals;



c)

Evaluated the effectiveness of the Companys disclosure controls and procedures and presented in this report our 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 Companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and



5.

The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Company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 Company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 Companys internal control over financial reporting.





Date: May 30, 2016





By:    /s/  John Plourde



John Plourde,

President and CEO
## NUMBER 13
- 2 1
- 002 74
- C V

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

IN RE GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS, AND KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL O F THE STATE OF TEXAS

On Petition for Writ of Mandamus

.



## MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Silva Memorandum Opinion by Justice Silva 1

In this original proceeding
, r elators Greg Abbott, in his o fficial c apacity as Governor
of the State of Texas, and Ken Paxton, in his official capacity as Attorney General of the
State of Texas, assert ed that the trial court clearly abused its discretion in enjoining the

enforcement of Executive Order GA

- 38 issued pursuant to the Governor ’ s authority under

1 See T EX

. R. A PP

. P . 52.8(d) ( “ When denying relief, the court may hand down an opinion but is not required to do so
, ” but “ [w]hen granting relief, the court must hand down an opinion as in any other case ” ); id. R. 47.4 (distinguishing opinions and memorandum opinions).2 the Texas Disaster Act. This Court reque sted that the real party in interest, Point Isabel Independent School District (Point Isabel) , file a response to the petition for writ of

mandamus. However, Point Isabel has now filed an unopposed motion to dismiss this original proceeding on grounds that it has been rendered moot by subsequent events that

have occurred in the trial court. Point Isabel thus requests that we dismiss this petition for

writ of mandamus for lack of jurisdiction. The Court, having examined and fully considered the unopposed motion to dismiss this original proceeding, is of the opinion that it should be granted. See Heckman v. Williamson Cnty

. , 369 S.W.3d 137, 162 (Tex. 2012) ( “ A case becomes moot if, since the

time of filing, there has ceased to exist a justiciable controversy between the parties

— that is, if the issues presented are no longer ‘ live, ’ or if the parties lack a legally cognizable

interest in the outcome. ” ); In re Kellogg Brown & Root, Inc ., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ( “ A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings , including the appeal. ” ); see also In re Smith Cnty

. , 521 S.W.3d 447, 455 (Tex. App.

— Tyler 2017, orig. proceeding).
Accordingly, w e grant Point Isabel ’ s unopposed motion to dismiss
, and we dismiss this original proceeding for lack of jurisdiction

.

CLARISSA SILVA Justice

Delivered and filed on the 20 th day of September , 202 1

.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4590 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4590

   To suspend temporarily the duty on certain window shade material.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2012

 Mrs. Myrick introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on certain window shade material.

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

SECTION 1. CERTAIN WINDOW SHADE MATERIAL.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00        Plaiting material   Free            No change      No change      On or before     ''.
                          products suitable                                                 12/31/2015
                          for use in window
                          shades, in rolls
                          each having an
                          area measuring
                          over 27.85 m2
                          but less than
                          46.46 m2, of
                          bamboo reeds and/
                          or bamboo slats
                          each measuring
                          over 1 mm or more
                          but not greater
                          than 13 mm in
                          width, and/or
                          bamboo cane over
                          2 mm or more but
                          not greater than
                          12 mm in
                          diameter, the
                          foregoing woven
                          with polyester
                          yarn into a
                          repeating pattern
                          which may also
                          include grass,
                          paper strips or
                          jute (provided
                          for in subheading
                          4601.92.20)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 10.8
 AMENDMENT OF  EMPLOYMENT AGREEMENT OF NICHOLAS J. MATTHEWS
 th
     1 2
  1 2
   1




---



##### 



Code Section 409A
    2




---



##### 



(i)
    
    the short-term deferral rule of Code Section 409A and
Treasury Regulation §1.409A-1(b)(4) (or any similar or successor
provisions),(ii)
    
    payments permitted under the separation pay exception
of Code Section 409A and Treasury Regulation §1.409A-1(b)(9)(iii) (or
any similar or successor provisions), and(iii)
    
    payments permitted under the limited payments
exception of Code Section 409A and Treasury Regulation
§1.409A-1(b)(9)(v)(D) (or any similar or successor provisions),
     3




---



##### 



th
 FREIGHTCAR AMERICA, INC.

    
    
    
    EXECUTIVEBy:President and Chief Executive Officer
    
    
    
    Nicholas J. MatthewsDate:
    
    
    
    Date:
 4
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000090168
<NAME> SIFCO INDUSTRIES, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                           2,002
<SECURITIES>                                         0
<RECEIVABLES>                                   22,629
<ALLOWANCES>                                         0
<INVENTORY>                                     18,402
<CURRENT-ASSETS>                                44,051
<PP&E>                                          23,037
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  72,864
<CURRENT-LIABILITIES>                           19,382
<BONDS>                                              0
<COMMON>                                         5,149
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      34,461
<TOTAL-LIABILITY-AND-EQUITY>                    72,864
<SALES>                                              0
<TOTAL-REVENUES>                                80,882
<CGS>                                           63,926
<TOTAL-COSTS>                                   74,170
<OTHER-EXPENSES>                                  (44)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 901
<INCOME-PRETAX>                                  5,855
<INCOME-TAX>                                     1,322
<INCOME-CONTINUING>                              4,533
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,533
<EPS-PRIMARY>                                      .87
<EPS-DILUTED>                                      .87
        

</TABLE>
|                                                                                            
|--------------------------------------------------------------------------------------------
|                                                                                            
|View History: Annual Download Data (XLS File)                                              
|View History: Annual                                                                        
|View History: Annual                                                                        
|View History:                                                                               
|                                                                                            
|No chart available.                                                                         
|No chart available.                                                                         
|                                                                                            
|                                                                                            
|Texas--RRC District 7B Shale Proved Reserves Extensions and Discoveries (Billion Cubic Feet)
|                                                                                            

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        | 0      | 0      | 0      | 0     
|2020's                                                                                                                            | 0      | 0      |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 12/30/2022                                                                                                         
|Next Release Date: 12/29/2023
Exhibit 99.1
                                                                  ------------




                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWMBS, INC.
                    CHL MORTGAGE PASS-THROUGH TRUST 2005-5
               MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-5


     The undersigned do hereby certify that they are each an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(a "Master Servicer"), and do hereby further certify pursuant to Section 3.16
of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i)   A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under our supervision; and

(ii)  To the best of our knowledge, based on such review, the Master Servicer
has fulfilled all its obligations under the Agreement throughout such year.




/s/ Craig Baingo                               Dated: March 24, 2006
----------------

CRAIG BAINGO
EXECUTIVE VICE PRESIDENT



/s/ Kevin Meyers                               Dated: March 24, 2006
----------------

KEVIN MEYERS
MANAGING DIRECTOR, CHIEF FINANCIAL
OFFICER, LOAN ADMINISTRATION
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE CONSOLIDATED
BALANCE SHEET AS OF JUNE 30, 1998 AND THE CONSOLIDATED STATEMENTS OF INCOME AND
RETAINED EARNINGS AND OF CASH FLOWS FOR THE SIX MONTHS ENDED JUNE 30,, 1998 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                        3,349
<OTHER-PROPERTY-AND-INVEST>                         17
<TOTAL-CURRENT-ASSETS>                             295
<TOTAL-DEFERRED-CHARGES>                           464
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                   4,125
<COMMON>                                           181
<CAPITAL-SURPLUS-PAID-IN>                           (5)
<RETAINED-EARNINGS>                                464
<TOTAL-COMMON-STOCKHOLDERS-EQ>                   1,472
<PREFERRED-MANDATORY>                               62
<PREFERRED>                                        106
<LONG-TERM-DEBT-NET>                             1,255
<SHORT-TERM-NOTES>                                  66
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       48
<PREFERRED-STOCK-CURRENT>                            1
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                   1,115
<TOT-CAPITALIZATION-AND-LIAB>                    4,125
<GROSS-OPERATING-REVENUE>                          702
<INCOME-TAX-EXPENSE>                                58
<OTHER-OPERATING-EXPENSES>                         494
<TOTAL-OPERATING-EXPENSES>                         552
<OPERATING-INCOME-LOSS>                            150
<OTHER-INCOME-NET>                                   3
<INCOME-BEFORE-INTEREST-EXPEN>                     153
<TOTAL-INTEREST-EXPENSE>                            47
<NET-INCOME>                                       104
<PREFERRED-STOCK-DIVIDENDS>                          4
<EARNINGS-AVAILABLE-FOR-COMM>                      100
<COMMON-STOCK-DIVIDENDS>                            74
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                             149
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>