alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1


Certification of Chief Executive Officer Pursuant to Section 1350 of Chapter 63
--------------------------------------------------------------------------------
                     of Title 18 Of The United States Code
                     -------------------------------------


I, Jonathan P. Ward, the Chairman and Chief Executive Officer of The
ServiceMaster Company, certify that (i) the Annual Report on Form 10-K for the
year ended December 31, 2004, fully complies with requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and (ii) the information
contained in such Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of The ServiceMaster Company.




                                           /s/ Jonathan P. Ward
                                           --------------------
                                           Jonathan P. Ward
                                           Chairman and Chief Executive Officer
                                           March 4, 2005


A signed original of this written statement required by Section 906 has been
provided to The ServiceMaster Company and will be retained by The ServiceMaster
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
<TABLE>


                        LIBERTY FINANCIAL COMPANIES, INC.

          EXHIBIT 11 - Statement re Computation of Per Share Earnings
               (in millions, except share and per share amounts)



<CAPTION>
                                                 Three Months Ended
                                                      March 31
                                                 ------------------
                                                1997             1996
                                                ----             ----
<S>                                         <C>              <C>  
Primary net income per common share:

 Net income                                 $      35.0      $      23.8 
 Less:  cumulative preferred dividends              0.2              0.2
                                            -----------      -----------
    Net income available for common 
     shareholders                           $      34.8      $      23.6
                                            ===========      ===========

 Weighted average shares outstanding         28,775,797       27,781,577
 Common stock equivalents                     1,714,353        1,480,752
                                            -----------      -----------    
     Total                                   30,490,150       29,262,329
                                            ===========      ===========

Primary net income per common share         $      1.14      $      0.81
                                            ===========      ===========

Fully diluted net income per common share:

 Net income                                 $      35.0      $      23.8
                                            ===========      ===========

 Weighted average shares outstanding         28,775,797       27,781,577
 Common stock equivalents                     1,714,353        1,486,397
 Convertible preferred stock                    345,638          346,062
                                            -----------      -----------
     Total                                   30,835,788       29,614,036
                                            ===========      ===========
      
 Fully diluted net income per common share  $      1.14      $      0.80
                                            ===========      ===========


</TABLE>
LODGIAN, INC. EXEC INCENTIVE PLN PARTICIPATION FRM



 






EXHIBIT 10.3




Participation Form




Participation Form No. 7




Lodgian, Inc. Executive Incentive Plan

Participation Form




To: James MacLennan



In accordance with the provisions of the Lodgian, Inc. Executive Incentive Plan (the “Plan”), you
are hereby notified that you have been selected to become a Participant in the Plan. As a
Participant, you may become entitled to incentive compensation pursuant to the terms and provisions
of the Plan for the Bonus Years noted below:




	 	 	 	 	 
	2006: x

	 	2007: x
	 	2008: x
	Your Maximum Annual Cash Bonus Amount shall be:
	 

	 	$288,750	 	 
	Your Base Annual Restricted Shares shall be:
	 

	 	10,000	 	 
	Your Bonus Multiplier shall be:
	 

	 	100%	 	 





The Company must achieve certain performance goals noted in the Plan for you to receive all or any
portion of your Maximum Annual Cash Bonus Amount or all, any portion of, or a multiple of, your
Base Annual Restricted Shares. This Participation Form will evidence your participation in the
Plan. You should consult the Plan for details concerning the calculation and determination of your
potential incentive compensation.



In witness whereof, we, the undersigned members of the Committee have executed this
Participation Form as of this 1st day of March, 2006.




	 	 	 	 	 	 	 
	  /s/ Kenneth A. Caplan
 

Committee Member

	 	 
	 	  /s/ Kevin C. McTavish
 

Committee Member
	 	 
	 
	 	 	 	 	 	 
	  /s/ Sean F. Armstrong
 


	 	 	 	 	 	 
	Committee Member
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-START>                             JAN-01-1999             JAN-01-1998
<PERIOD-END>                               DEC-31-1999             DEC-31-1998
<CASH>                                          48,251                   1,024
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   15,916                  11,376
<ALLOWANCES>                                       319                     265
<INVENTORY>                                      1,323                   1,296
<CURRENT-ASSETS>                                67,830                  13,503
<PP&E>                                           2,196                   1,377
<DEPRECIATION>                                     598                     502
<TOTAL-ASSETS>                                  89,748                  17,374
<CURRENT-LIABILITIES>                           14,326                  13,603
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                  14,589
<PREFERRED>                                          0                       0
<COMMON>                                            16                       3
<OTHER-SE>                                      74,569                (12,239)
<TOTAL-LIABILITY-AND-EQUITY>                    74,585                  17,374
<SALES>                                         29,418                  30,288
<TOTAL-REVENUES>                                29,418                  30,288
<CGS>                                           15,865                  24,546
<TOTAL-COSTS>                                   22,764                  24,546
<OTHER-EXPENSES>                                     0                  18,585
<LOSS-PROVISION>                                     0                     118
<INTEREST-EXPENSE>                             (1,192)                     722
<INCOME-PRETAX>                                (8,019)                (13,683)
<INCOME-TAX>                                        52                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (8,071)                (13,683)
<EPS-BASIC>                                     (1.02)                  (4.94)
<EPS-DILUTED>                                   (1.02)                  (4.94)


</TABLE>
<PAGE>
                                                                  EXHIBIT 10.15


                              JPMORGAN CHASE & CO.

                      SEVERANCE POLICY -- SUMMARY OF TERMS


PURPOSE: To provide severance and other termination-related benefits in the case
of involuntary termination, except for cause.

BENEFIT AMOUNT: For select executive officers other than the CEO, an amount
equal to two times current base salary, plus eligibility for a discretionary
payment at the sole determination of the Firm. The total amount will be paid in
installments over 24 months following a separation from service. In the event
that an executive officer is a "specified employee" (i.e. a top paid 50
employee) as defined by Section 409A, payment of such installments will be
delayed for the six month period following separation from service with a make
up payment in the seventh month equal to the delayed installments .

TREATMENT OF STOCK AWARDS: Under the current terms and conditions of restricted
stock unit awards and option /stock appreciation right (SAR) grants, upon a job
elimination:

(1) officers would be entitled to continued vesting of restricted stock units;
and

(2) stock options and SARs would become exercisable immediately and remain
exercisable for their original remaining term for persons who are retirement
eligible and for up to the lesser of two years or their original term for
persons not retirement eligible.

WELFARE BENEFITS: Officers can elect to continue to receive medical and dental
benefits for two years following such separation from service.

Other severance provisions (if any) applicable to any Named Executive Officers
are contained in their respective employment agreements.
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                                  <C>
<PERIOD-TYPE>                        3-MOS
<FISCAL-YEAR-END>                                 SEP-30-1999
<PERIOD-START>                                    OCT-01-1998
<PERIOD-END>                                      DEC-31-1998
<CASH>                                                      0
<SECURITIES>                                                0
<RECEIVABLES>                                          19,099
<ALLOWANCES>                                             (689)
<INVENTORY>                                           119,451
<CURRENT-ASSETS>                                      146,906
<PP&E>                                                 43,603
<DEPRECIATION>                                        (38,079)
<TOTAL-ASSETS>                                        198,791
<CURRENT-LIABILITIES>                                  69,634
<BONDS>                                                     0
<COMMON>                                                9,627
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<OTHER-SE>                                                  0
<TOTAL-LIABILITY-AND-EQUITY>                          198,791
<SALES>                                                53,529
<TOTAL-REVENUES>                                       53,529
<CGS>                                                  38,053
<TOTAL-COSTS>                                          38,053
<OTHER-EXPENSES>                                       16,021
<LOSS-PROVISION>                                           60
<INTEREST-EXPENSE>                                      1,084
<INCOME-PRETAX>                                          (567)
<INCOME-TAX>                                             (211)
<INCOME-CONTINUING>                                      (356)
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                             (356)
<EPS-PRIMARY>                                           (0.04)
<EPS-DILUTED>                                           (0.04)
        


</TABLE>
<PAGE>
                                                                    EXHIBIT 32.2

             SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER

     Pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Getty Realty Corp.(the
"Company") hereby certifies, to such officer's knowledge, that:

     (i) the Annual Report on Form 10-K of the Company for the annual period
ended December 31, 2004 (the "Report") fully complies with the requirements of
Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of
1934, as amended; and

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

Dated: March 11, 2005

By: /s/ THOMAS J. STIRNWEIS
    -----------------------
Thomas J. Stirnweis
Vice President, Treasurer and
Chief Financial Officer

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

The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.
Exhibit 23.1

LOGO

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements (No. 333-53295, 333-85025 and 333-87932) on Form S-8 of BCSB Bankcorp,
Inc. of our report dated November 30, 2006 relating to the consolidated financial statements as of September 30, 2006 of BCSB Bankcorp, Inc., which appears in the 2006 Annual Report, which is incorporated in this Annual Report on Form
10-K.

LOGO

Baltimore, Maryland

December 19, 2006

Suite 100, 405 East Joppa Road Baltimore, Maryland 21286  410-823-8000  1-800-686-3883 
Fax: 410-296-4815  www.stegman.com

LOGO
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

I,Ed H. Bowman, Jr., certify that:

 

1.               I have reviewed this quarterly report on Form10-Q of *SOURCECORP*, Incorporated(the “registrant”);

 

2.               Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

(a)          Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

(b)         Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusion about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)          Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting;

 

5.               The registrant’s other certifying officer andI have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

(a)          All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b)         Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 
| Date: August 9, 2004 | By:    | /s/ Ed H. Bowman, Jr.                  |
|---------------------------|--------|----------------------------------------|
|                      |   | Ed  H. Bowman, Jr.                     |
|                      |   | Chief  Executive Officer and President |

 

----
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GILBERTO CASTRO, lead plaintiff on

behalf of himself and all others similarly

situated,

Plaintiff-Appellant,

 v.

MATTEL, INC.; et al.,

Defendants-Appellees.

No. 18-56361

D.C. Nos. 

2:17-cv-04732-VAP-KS

2:17-cv-04953-VAP-KS

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Virginia A. Phillips, Chief District Judge, Presiding

Argued and Submitted February 4, 2020

Pasadena, California

Before: IKUTA and CHRISTEN, Circuit Judges, and MARBLEY,** District

Judge.

 

Gilberto Castro appeals the district court’s dismissal of his complaint

alleging violations of Section 10(b) and Section 20(a) of the Securities Exchange

FILED

FEB 20 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The Honorable Algenon L. Marbley, United States Chief District

Judge for the Southern District of Ohio, sitting by designation.
Act of 1934. 15 U.S.C. §§ 78j(b), 78t(a). We have jurisdiction under 28 U.S.C.

§ 1291.

The district court did not err in holding that Castro failed to satisfy the

heightened pleading standard under Rule 9(b) of the Federal Rules of Civil

Procedure and the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-4(b). 

See Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 990–91 (9th Cir.

2009). First, Castro failed to plead falsity adequately. Although Castro pleaded a

“litany of alleged false statements” by defendants, he failed to plead “specific facts

indicating why those statements were false.” Metzler Inv. GMBH v. Corinthian

Colls., Inc., 540 F.3d 1049, 1070 (9th Cir. 2008). Also, some of the alleged false

or misleading statements are corporate puffery, forward-looking statements, or

both, and thus are not actionable. See Police Ret. Sys. of St. Louis v. Intuitive

Surgical, Inc., 759 F.3d 1051, 1060 (9th Cir. 2014); In re Cutera Sec. Litig., 610

F.3d 1103, 1111 (9th Cir. 2010).

Second, Castro failed to plead scienter adequately. The complaint did not

include allegations that standing alone, or considered in combination, established

that any of the confidential witnesses possessed the requisite personal knowledge

to raise an inference that defendants had the necessary scienter. Nor did Steven

2
Totzke’s anecdotal and informal statements raise such an inference. See Zucco

Partners, 552 F.3d at 995. 

AFFIRMED.

3
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 March 7, 2017

t0227

Order 

Clerk

March 7, 2017

153631 (21)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 153631

COA: 330858

Oakland CC: 01-177484-FC

SHERWIN TERRELL SHELTON,

Defendant-Appellant. 

____________________________________/

On order of the Court, the motion for reconsideration of this Court’s November 

30, 2016 order is considered, and it is DENIED, because it does not appear that the order 

was entered erroneously.
<PAGE>
                                                                      EXHIBIT 21

                EXTENDICARE HEALTH SERVICES, INC. & SUBSIDIARIES


Adult Services Unlimited, Inc
Alpine Health & Rehabilitation Center, LLC
Arbors At Bayonet Point, LLC
Arbors At Fairlawn Care, LLC
Arbors At Fairlawn Realty OH, LLC

Arbors At Sylvania Care, LLC
Arbors At Sylvania Realty OH, LLC
Arbors At Tampa, LLC
Arbors At Toledo, Inc
Arbors East, Inc

Arbors West Care, LLC
Arbors West Realty OH, LLC
Blanchester Care, LLC
Canton Care, LLC
Colonial Care, LLC

Columbus Rehabilitation Realty OH, LLC
Columbus Rehabilitation Care, LLC
Concordia Manor, LLC
Dayton Care, LLC
Delaware Care, LLC

Extendicare Great Trail, Inc
Extendicare Health Facilities, Inc
Extendicare Health Facility Holdings, Inc
Extendicare Health Network, Inc
Extendicare Health Services, Inc

Extendicare Homes, Inc.
Extendicare Of Indiana, Inc.
Fir Lane Terrace Convalescent Center, Inc
First Coast Health & Rehab Center, LLC
Fiscal Services Group, LLC

Gallipolis Care, LLC
Great Trail Care, LLC
Greenbriar Care, LLC
Greenbrook Care, LLC
Health Poconos, Inc

Heritage Care, LLC
Hilliard Care, LLC
Indiana Health & Rehab. Centers Partnership
Jackson Heights Rehab Center, LLC
Jacksonville Care, LLC

Kaufman Street, WV, LLC
Kissimmee Care, LLC
Lady Lake Care, LLC
London Care, LLC
Marietta Care, LLC

                                      118
<PAGE>

Marshall Properties, Inc
Milford Care, LLC
New Castle Care, LLC
New Horizon Care, LLC
North Rehabilitation Care, LLC

Northern Health Facilities, Inc.
Orange Park Care, LLC
Oregon Care, LLC
Palm Court Care, LLC
Partners Health Group - Florida, LLC

Partners Health Group - Louisiana, LLC
Partners Health Group - Texas, LLC
Partners Health Group, LLC
Port Charlotte Care, LLC
Prairie Village Care, LLC

Richey Manor, LLC
Rockledge Care, LLC
Rockmill Care, LLC
Rocksprings Care, LLC
Safety Harbor Care, LLC

Sarasota Care, LLC
Scott Villa Care, LLC
Seminole Care, LLC
South Heritage Health & Rehabilitation Center, LLC
Star Purchasing Services, LLC

Swiss Villa Care, LLC
The Oaks Residential & Rehabilitation Center, LLC
The Progressive Step Corporation
Treasure Isle Care Center, LLC
Waterville Care, LLC

Winter Haven Care, LLC
Winter Haven Health & Rehabilitation Center, LLC
Woodsfield Care, LLC


                                      119