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



Exhibit 32.2 (Certification Required by 18 U.S.C. Section 1350
(as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002) I, Roy T. Rimmer, Jr. as Principal Executive and Financial Officer of TIMCO Aviation Services, Inc.
(the Company), certify, pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002), that to my knowledge:  1.
    the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period
ended March 31, 2005 (the Report), filed with the U.S. Securities and Exchange Commission,
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:
May 10, 2005
    
    /s/ Roy T. Rimmer, Jr.Roy T. Rimmer, Jr.Chief Executive Officer(Principal Executive and Financial Officer)
 32
<PAGE>

                                                                    EXHIBIT 32.1

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

In connection with the Quarterly Report of Smithway Motor Xpress Corp. (the
"Company") on Form 10-Q for the period ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, G.
Larry Owens, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:

      (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.

                                                   /s/ G. Larry Owens
                                                   -----------------------------
                                                   G. Larry Owens
                                                   Chief Executive Officer
                                                   August 14, 2006
```

[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Notices]
[Page 1146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-315]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy

Notice of Reassignment of Responsibility for the Museum Exchange 
Program

AGENCY: Department of the Navy.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Naval Inventory Control Point (NAVICP) hereby gives notice 
that under authority of 10 U.S.C. 2572(b), the Secretary of the Navy 
has reassigned responsibility for the program to exchange condemned or 
obsolete combat materiel for Department of the Navy Command Museums to 
the Commander, Naval Inventory Control Point. The NAVICP may exchange 
certain condemned or obsolete combat materiel for similar property, or 
for search, salvage, restoration, preservation, or transportation 
services and supplies that will benefit the historical collection of 
the National Museum of Naval Aviation, the Marine Corps Air-Ground 
Museum, and other Navy Command Museums. This reassignment of 
responsibility was delineated in SECNAVINST 5755.2A.

FOR FURTHER INFORMATION CONTACT: Stephen Van Note, Contracting Officer, 
Code 0224.02, Naval Inventory Control Point, 700 Robbins Avenue, 
Philadelphia, PA 19111-5098, telephone (215) 697-5998.

SUPPLEMENTARY INFORMATION: Notices informing the public of the materiel 
or services sought by the Navy as well as the materiel available for 
exchange by the Navy will be published in the Commerce Business Daily. 
In addition to the Commerce Business Daily, the NAVICP may publish 
information simultaneously in selected trade journals.

    (Authority: 10 U.S.C. 2572(b); SECNAVINST 5755.2A).

    Dated: December 27, 1999.
C. G. Carlson,
Major, U.S. Marine Corps, Alternate Federal Register Liaison Officer.
[FR Doc. 00-315 Filed 1-6-00; 8:45 am]
BILLING CODE 5812-FF-P
```
**EXHIBIT 99.1**

 

 

**CERTIFICATION PURSUANT TOTITLE 18, UNITED STATES CODE, SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of AirNet Systems, Inc. (the“Company”) on Form 10–Q for the quarterly period endedSeptember 30, 2002 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Joel E. Biggerstaff, Chief Executive Officerof the Company, certify, pursuant to Title 18, United States Code, 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) or15(d) of the Securities Exchange Act of 1934; and

 

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

 

 

|   | /s/ Joel E. Biggerstaff               |   |
|--------|---------------------------------------|--------|
|   |                                  |
|   | Joel E. Biggerstaff                   |
|   |                                  |
|   | Title:   Chief Executive Officer |
|   |                                  |
|   | Date:   November 12, 2002        |

 

----
exv10w15






Exhibit 10.15




SECOND AMENDMENT TO

ALON ASSETS, INC.

INCENTIVE STOCK OPTION AGREEMENT




     This Amendment is entered into as of November 4, 2008, by and between Alon Assets, Inc., a
Delaware corporation (the “Corporation”), and Jeff D. Morris (the “Participant”). Terms not
defined in this Amendment will have the meaning set forth in the Incentive Stock Option Agreement
described below.



     WHEREAS, the Corporation and the Participant entered into an Incentive Stock Option Agreement
dated as of July 31, 2000 (the “Agreement”), pursuant to which the Corporation granted to the
Participant an option intended to qualify as an incentive stock option within the meaning of
Section 422 of the Code to purchase 8,077.6 shares of Common Stock; and



     WHEREAS, the Corporation and the Participant wish to amend the Agreement to assure that the
Option does not constitute a deferral of compensation subject to Section 409A of the Code.



     NOW, THEREFORE, the parties agree as follows:



     1. The Corporation and the Participant acknowledge that (i) a portion of the Option became
vested and exercisable in March 2007 when the Company delivered to the Participant a Vesting Notice
pursuant to Section 2 of the Agreement and (ii) the portion of the Option that became so vested and
that did not qualify as an incentive stock option because it exceeded the $100,000 limit of Section
422(d) of the Code was exercised by the Participant in June 2007 and therefore satisfied the
short-term deferral exception set forth in Section 1.409A-1(b)(4)(i) of the Treasury Regulations.



     2. With respect to any portion of the Option that vests and becomes exercisable in a calendar
year after 2007, the Participant must exercise that portion of the Option (including any portion
that exceeds the $100,000 limit of Section 422(d) of the Code) by the earlier of the maximum
exercise period set forth in Section 2 or Section 5 of the Agreement, whichever applies, or March
15 of the calendar year immediately following the calendar year in which such portion of the Option
vested. To the extent not exercised within the time period set forth in the preceding sentence,
the portion of the Option that was exercisable will expire.



     3. Notwithstanding any provision of the Agreement to the contrary, in light of the uncertainty
with respect to the proper application of Section 409A, the Company reserves the right to make
amendments to the Agreement as the Company deems necessary or desirable solely to avoid the
imposition of taxes or penalties under Section 409A.



     4. The provisions of this Amendment supersede and replace in their entirety any conflicting
provision set forth in the Agreement, including Exhibit A to the Agreement.



 









 







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



	 	 	 	 	 	 	 
	ALON ASSETS, INC.	 	PARTICIPANT
	 
	 	 	 	 	 	 
	By:

	 	/s/ David Wiessman
	 	/s/ Jeff D. Morris
	 

	 	   Name: David Wiessman
	 	Jeff D. Morris
	 

	 	   Title: Executive Chairman	 	 	 	 






2
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

APR 19, 2010

JOHN LEY

 CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-15768

Non-Argument Calendar

________________________

D. C. Docket No. 08-00317-CR-WS

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DIRICEA MCCANTS,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Alabama

_________________________

(April 19, 2010)

Before PRYOR, MARTIN and FAY, Circuit Judges.

PER CURIAM:

William Gregory Hughes, appointed counsel for Diricea McCants in this
direct criminal appeal, has moved to withdraw from further representation of the

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.

1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals

that counsel’s assessment of the relative merit of the appeal is correct. Because

independent examination of the entire record reveals no arguable issues of merit,

counsel’s motion to withdraw is GRANTED, and McCants’s conviction and

sentence are AFFIRMED.

2
Letter of Clarification Related to July 21, 2006 Employment Agreement



 Exhibit 10.22 
 September 8, 2008 
 Robert A. Hitt 
 Dear Bob,

 We recently performed a review of our employment agreements and severance agreements for compliance with Section 409A of the Internal Revenue Code
(“Section 409A”). Section 409A imposes tax penalties on employees if their compensation arrangements do not meet certain technical requirements. We have determined that certain provisions of your July 21, 2006 employment
agreement (the “Employment Agreement”) should be clarified in order to assure that you do not become subject to these penalties. These clarifications are as follows: 
  

	 	•	 	 The “Date of Termination” under Section 1(h) of the Employment Agreement shall mean a “Separation from Service” as defined in Treasury
Regulation Section 1.409A-1(h). 


  

	 	•	 	 Any bonus payable under Section 3 of the Employment Agreement shall be paid within the time period required to satisfy the Section 409A short-term
deferral exception, meaning that payment shall be made by the later of (a) the March 15 of the calendar year following the year in which the amount is earned, or (b) 2 1/2 months following the end of the Company’s fiscal year in
which the amount is earned. 


  

	 	•	 	 The Employment Agreement is intended to comply with the provisions of Section 409A and shall, to the extent practicable, be construed in accordance therewith.
Payments under the Employment Agreement may not be accelerated or deferred except as specifically permitted under Section 409A. 


 If
you are in agreement with the following changes, please sign in the space below and return to me within fifteen business days of receipt. 
 Sincerely,

  

							
		 		 		 	Chris Baak
		 		 		 	Vice President, Human Resources
				
	/s/ ROBERT A. HITT	 	9/09/2008	 		 	
	Robert A. Hitt	 	Date	 		 	

  

 52
<PAGE>
                                                                    EXHIBIT 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

    We hereby consent to the incorporation by reference in the registration
statements of Ross Systems, Inc. on Forms S-8 (File Nos. 33-42036, 33-48226,
33-56584, 33-72168, 33-89128, 333-36745, 333-44665 and 333-71005) and Forms S-3
(File Nos. 33-89504, 333-19619, 333-06053, 333-44363, 333-47877, 333-58639, and
333-65065) of our report, dated August 21, 1997, relating to the financial
statements and financial statement schedule, which appears in Ross Systems,
Inc.'s Annual Report on Form 10-K for the year ended June 30, 1997. We also
consent to the reference under the heading "Experts" in such registration
statements.

                                                  PricewaterhouseCoopers LLP

Atlanta, Georgia
September 28, 1999
II 

115TH CONGRESS 

1ST SESSION S. 186 

To amend the Federal Power Act to provide that any inaction by the Federal 

Energy Regulatory Commission that allows a rate change to go into 

effect shall be treated as an order by the Commission for purposes 

of rehearing and court review. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 23, 2017 

Mr. MARKEY (for himself, Ms. WARREN, Mr. WHITEHOUSE, and Mr. REED) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

To amend the Federal Power Act to provide that any inaction by the Federal Energy Regulatory Commission that 

allows a rate change to go into effect shall be treated 

as an order by the Commission for purposes of rehearing 

and court review. 

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 ‘‘Fair Ratepayer Ac5 countability, Transparency, and Efficiency Standards 

6 Act’’ or the ‘‘Fair RATES Act’’. 


smartinez on DSK3GLQ082PROD with BILLS
2 

•S 186 IS

1 SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT. 

2 Section 205(d) of the Federal Power Act (16 U.S.C. 

3 824d(d)) is amended by adding at the end the following: 

4 ‘‘Any absence of action by the Commission that allows a 

5 change to take effect under this section (including the 

6 Commission allowing the 60 days of notice provided under 

7 this section to expire without Commission action) shall be 

8 considered to be an order issued by the Commission ac9 cepting the change for purposes of section 313.’’. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       2,882,608
<SECURITIES>                                17,061,044
<RECEIVABLES>                                5,465,581
<ALLOWANCES>                                   863,785
<INVENTORY>                                  4,692,050
<CURRENT-ASSETS>                            31,923,131
<PP&E>                                      11,103,391
<DEPRECIATION>                               5,616,616
<TOTAL-ASSETS>                              40,848,475
<CURRENT-LIABILITIES>                        5,391,324
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,005
<OTHER-SE>                                  34,216,715
<TOTAL-LIABILITY-AND-EQUITY>                40,848,475
<SALES>                                     44,437,487
<TOTAL-REVENUES>                            44,437,487
<CGS>                                       20,739,994
<TOTAL-COSTS>                               34,632,870
<OTHER-EXPENSES>                                31,919
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             178,343
<INCOME-PRETAX>                             10,266,235
<INCOME-TAX>                                 3,595,575
<INCOME-CONTINUING>                          6,670,660
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 6,670,660
<EPS-PRIMARY>                                     0.97<F1>
<EPS-DILUTED>                                     0.86<F2>
<FN>
<F1>EPS - Basic Per SFAS No. 128
<F2>EPS - Diluted per SFAS No. 128
</FN>


</TABLE>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ROBERT FREDRICKSON, )

)

Appellant, )

)

v. ) Case No. 2D18-2696

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed November 22, 2019.

Appeal pursuant to Fla. R. App. P. 

9.141(b)(2) from the Circuit Court for 

Pasco County; Kimberly Campbell, Judge.

Robert Fredrickson, pro se. 

Ashley Moody, Attorney General, 

Tallahassee, and Laurie Benoit-Knox,

Assistant Attorney General, Tampa, 

for Appellee. 

PER CURIAM.

Affirmed. 

KELLY, MORRIS, and SMITH, JJ., Concur.
**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 Trimol Group, Inc. (the “Company”) on Form 10-QSBfor the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Financial Officer of the Company herebycertifies, 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)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 asof and for the periods covered in the Report.

 

 

|   | /s/ Jack Braverman |
|--------|--------------------|

|   | Jack Braverman |
|--------|----------------|

|   | Chief Financial Officer |
|--------|-------------------------|

|   | TRIMOL GROUP, INC. |
|--------|--------------------|

 

 

 

August 21, 2006

 

22
Amendment to the Employee Stock Ownership Plan and Trust



 Exhibit 10.5 
 AMENDMENT 2008-1 
 TO THE 
 UWHARRIE CAPITAL CORP 
 EMPLOYEE STOCK OWNERSHIP PLAN 
 Pursuant to Section 9.1 of the Uwharrie Capital Corp Employee Stock Ownership Plan (the “Plan”), and notwithstanding any other
provision in the Plan to the contrary, the Board of Directors of Uwharrie Capital Corp (the “Employer”) hereby amends the Plan to correct a scrivener’s error from a prior amendment to the Plan and to correct provisions related
to the use of forfeitures in the Plan. The first two amendments below are corrective amendment which was requested by the Internal Revenue Service during the review of the Plan for an updated favorable determination letter. The third amendment is a
corrective provision on the use of forfeitures. 
 1.           Effective January 1,
2002 through January 1, 2007, Section 1.22 of the Plan is amended to provide that any forfeitures that occur under the Plan will be allocated to all eligible participants along with the allocation of the employer contributions and shall
read as follows: 
 “1.22   “Forfeiture” Under this Plan, Participants accounts are 100% Vested at all times. Any
amounts that may otherwise be forfeited under the Plan pursuant to Section 3.6 shall be allocated to Participants together with the annual Employer contribution made under Section 4.1(a). Amounts that are forfeited under the Plan pursuant
to Section 7.4(b) shall be used to either reduce annual Employer contributions made under Section 4.1(a) or pay administrative expenses as set forth in Section 4.3(g).” 
 2.           Effective January 1, 2007, the first full sentence of Section 1.22 is removed in
its entirety to reflect the addition of a vesting schedule in Section 7.4(b). 
 3.
          Effective January 1, 2007, Section 4.3(g) of the Plan is amended to reflect the addition of a vesting schedule in Section 7.4(b) and shall read as follows: 
     “(g)   Forfeitures. Effective January 1, 2007, amounts that are forfeited under this Plan will be used
to either reduce the annual Employer contributions made under Section 4.1(a) or , in the discretion of the Employer, to pay administrative expenses related to the administration of the Plan and Trust.” 
 The Employer has caused this document to be signed this the 16th day of September, 2008. 
 UWHARRIE CAPITAL CORP.

 By: /s/ Roger L. Dick 
 Its: /s/ President and Chief Executive Officer
Exhibit 32.1



Certifications
of Principal Executive Officer and Principal Financial Officer

Pursuant to
18 U.S.C. Section 1350

As Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



Pursuant to section
906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code),
each of the undersigned officers of National Quality Care, Inc., a Delaware corporation (the “Company”), does hereby
certify, to such officer’s knowledge, that:



The Annual Report
on Form 10-K for the period ended December 31, 2009 of the Company (the “Form 10-K”) fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and the information
contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the
Company.



Date: March 14,
2012



| | /s/Robert M. Snukal            
| | -------------------------------
| | Robert M. Snukal               
| | Chief Executive Officer        
| | (Principal Executive Officer)  
| |                                
| | /s/Leonardo Berezovsky         
| | Leonardo Berezovsky            
| | Interim Chief Financial Officer
| | (Principal Financial Officer)