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



Exhibit 10.4.2 SECOND AMENDMENT TO THE
MERISTAR HOSPITALITY CORPORATION
INCENTIVE PLAN Pursuant to the approval by the Board of Directors of MeriStar Hospitality
Corporation (the Company) and the Companys shareholders at the Companys
2002 Annual Meeting, the MeriStar Hospitality Corporation Incentive Plan (the
Plan) is amended, effective June 9, 2003, by deleting the language contained
in Section 7.1 in its entirety and by replacing such language with the
following text: Award. In accordance with the provisions of Article IV, the
Committee will designate each individual to whom a Stock Award is
to be made and will specify the number of shares of Common Stock
covered by such awards; provided, however, that no individual may
receive Stock Awards with respect to more than 250,000 shares of
Common Stock in any calendar year. IN WITNESS WHEREOF, MeriStar Hospitality Corporation has caused this
amendment to the Plan to be duly executed in its corporate name this 9th day of
June, 2003. MERISTAR HOSPITALITY CORPORATION  /s/ Jerome J. Kraisinger


Jerome J. Kraisinger
Executive Vice President, General Counsel, and Secretary
##### 



EXHIBIT 21
 RETAIL VENTURES, INC.
 Ref.
    
    
    
    State of
    
    ParentNo.
    
    Name
    
    Incorporation
    
    Co. No.1.
    
    Retail Ventures, Inc.
    
    Ohio
    
    N/A2.
    
    Carlyn Advertising Agency, Inc.
    
    Ohio
    
    1.3.
    
    DSW Inc.1
    
    Ohio
    
    1.4.
    
    Filenes Basement, Inc.2
    
    Delaware
    
    1.5.
    
    Retail Ventures Imports, Inc.3
    
    Ohio
    
    1.6.
    
    Retail Ventures Licensing, Inc.4
    
    Delaware
    
    1.7.
    
    Retail Ventures Services, Inc.
    
    Ohio
    
    1.8.
    
    DSW Shoe Warehouse, Inc.
    
    Missouri
    
    3.9.
    
    Brand Card Services LLC
    
    Ohio
    
    3.10.
    
    Brand Technology Services LLC
    
    Ohio
    
    3.11.
    
    eTailDirect LLC
    
    Delaware
    
    8.
 
 1
    
    Formerly known as Shonac Corporation. Following the completion of its initial public offering on July 5, 2005,
DSW Inc. became a controlled subsidiary of Retail Ventures, Inc. As of February 2, 2008, Retail Ventures, Inc.
owned approximately 63.0% of DSWs outstanding common shares and approximately 93.2% of the combined voting
power of such shares.2
    
    Formerly known as Base Acquisition Corp.3
    
    Formerly known as VC Acquisition, Inc.4
    
    Formerly known as Value City Acquisition Corp.
#### McCloskey, Appellant, *v.*The France Foundry *&*Machine Co., Appellee.

(No. 28586

Decided May 7, 1941.)

*Mr. W. W. Campbell,*for appellant.

*Mr. R. H. Rogers*and *Mr. Brandon G. Schnorf,*for appellee.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the *330reason no debatable constitutional question is involved in said cause.

*Appeal dismissed.*

AYeygandt, C. J., Turner, Williams, Hart, Zimmerman and Bettman, JJ., concur.

Matthias, J., not participating.
**EXHIBIT
12.1**
 
 **CERTIFICATIONS**
 
 I, Matt
Wayrynen, Chief Executive Officer of Berkley Resources Inc., certify that:
 
 1.  I have
reviewed this annual report on Form 20-F of Berkley Resources 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 registrant as of, and for, the
periods presented in this report;
 
 4.  The
registrant's other certifying officer(s) 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)) 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 registrant, 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)
    Omitted;
 
 (c)
    Evaluated
      the effectiveness of the registrant'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 registrant's internal control over
      financial reporting that occurred during the registrant's period covered
      by the annual report that has materially affected, or is reasonably likely
      to materially affect, the registrant's internal control over financial
      reporting; and
 
 5.  The
registrant's other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant'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 registrant'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 registrant's internal control
      over financial reporting.
 
 
 Dated:
June 29,
2005                                                                           
*/s/ Matt
Wayrynen*
 Matt
Wayrynen, Chief Executive Officer and Chief Financial Officer
 (Principal
Executive Officer)
EXHIBIT-32





CERTIFICATIONS 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 First Merchants Corporation (the “Corporation”) on Form 10-K/A for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I Michael C. Rechin, President and Chief Executive Officer of the Corporation, do hereby certify, in accordance with 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 (15 U.S.C. 78m or 78o (d)); and





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








Date:  October 28, 2011


by /s/ Michael C. Rechin


Michael C. Rechin


President and Chief Executive Officer


(Principal Executive Officer)





A signed copy of this written statement required by Section 906 has been provided to First Merchants Corporation and will be retained by First Merchants Corporation and furnished to the Securities and Exchange Commission or its staff upon request.








_____________________________________________








In connection with the annual report of First Merchants Corporation (the “Corporation”) on Form 10-K/A for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I Mark K. Hardwick, Executive Vice President and Chief Financial Officer of the Corporation, do hereby certify, in accordance with 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 (15 U.S.C. 78m or 78o (d)); and





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








Date:  October 28, 2011


by /s/ Mark K. Hardwick


Mark K. Hardwick


Executive Vice President and


Chief Financial Officer


(Principal Financial and Accounting Officer)





A signed copy of this written statement required by Section 906 has been provided to First Merchants Corporation and will be retained by First Merchants Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
**EXHIBIT 32**

**CERTIFICATION OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

        I, Wesley R. Card, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Annual Report of Jones Apparel Group, Inc. on Form 10-K for the fiscalyear ended December 31, 2007 fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934 and that informationcontained in such Annual Report on Form 10-K fairly presents, in all materialrespects, the financial condition and results of operations of Jones ApparelGroup, Inc.

By: /s/ Wesley R. Card

Name: Wesley R. Card Title: President and Chief Executive Officer

 

*A signed original of this written statement required bySection 906 has been provided to Jones Apparel Group, Inc. and will be retainedby Jones Apparel Group, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.*

 

        I, John T. McClain, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Annual Report of Jones Apparel Group, Inc. on Form 10-K for the fiscalyear ended December 31, 2007 fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934 and that informationcontained in such Annual Report on Form 10-K fairly presents, in all materialrespects, the financial condition and results of operations of Jones ApparelGroup, Inc.

By: /s/ John T. McClain

Name: John T. McClain Title: Chief Financial Officer

 

*A signed original of this written statement required bySection 906 has been provided to Jones Apparel Group, Inc. and will be retainedby Jones Apparel Group, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.*
<PAGE>



EXHIBIT 31(b)

                            CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  ----------------------------------------------------------------------------

     I, Steven Weismann , hereby certify that:

     1. I have reviewed this quarterly report on Form 10-KSB of Gourmet Group,
Inc.

     2. Based on my knowledge, this quarterly 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 quarterly
report;

     3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

     4. The registrant`s other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

     a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, is made known to us by others within
those entities, particularly during the period in which this quarterly report is
being prepared;

     b) evaluated the effectiveness of the registrant`s disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

     c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

     5. The registrant`s other certifying officers and I have disclosed, based
on our most recent evaluation, to the registrant`s auditors and the audit
committee of registrant`s board of directors (or persons performing the
equivalent function):

     a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant`s ability to record,
process, summarize and report financial data and have identified for the
registrant`s auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant`s internal controls; and

     6. The registrant`s other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

                                 By: /s/ Steven Weismann
                                   _________________________________
                                Chief Financial Officer
                                Dated: September 2, 2003

<PAGE>
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 Netopia, Inc. (the Company) on Form 10-Q for the three months ended March 31, 2006 as filed with the United States Securities and Exchange Commission (the Report), Charles
Constanti, as Vice President and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | i. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



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

This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.



By:

/s/ Charles ConstantiCharles Constanti Vice President and Chief Financial
Officer (Principal Accounting Officer) Date: May 10, 2006
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-21-2024]

      ( print page 73625)    
On May 9, 2024, Mercury Marine submitted a notification of proposed production activity to the FTZ Board for its facilities within FTZ Subzone 41H, in Fond Du Lac, Wisconsin.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (89 FR 42836, May 16, 2024). On September 6, 2024, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including section 400.14.                

Dated: September 6, 2024.

Elizabeth Whiteman,

Executive Secretary.

[FR Doc. 2024-20561 Filed 9-10-24; 8:45 am]

BILLING CODE 3510-DS-P
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains financial information extracted from the Company's
quarterly report on Form 10-Q for the quarter ended June 30, 2000 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                           DEC-31-2000
<PERIOD-START>                              JAN-01-2000
<PERIOD-END>                                JUN-30-2000
<CASH>                                      3,337
<SECURITIES>                                0
<RECEIVABLES>                               193,940
<ALLOWANCES>                                18,495
<INVENTORY>                                 302,331
<CURRENT-ASSETS>                            512,746
<PP&E>                                      109,149
<DEPRECIATION>                              (31,546)
<TOTAL-ASSETS>                              714,798
<CURRENT-LIABILITIES>                       355,124
<BONDS>                                     164,300
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    15
<OTHER-SE>                                  186,706
<TOTAL-LIABILITY-AND-EQUITY>                714,798
<SALES>                                     339,161
<TOTAL-REVENUES>                            339,161
<CGS>                                       291,436
<TOTAL-COSTS>                               291,436
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                          28,612
<INCOME-PRETAX>                             (27,293)
<INCOME-TAX>                                (2,666)
<INCOME-CONTINUING>                         (24,584)
<DISCONTINUED>                              (8,297)
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                                (32,881)
<EPS-BASIC>                                 (2.19)
<EPS-DILUTED>                               (2.19)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7193

DENNIS E. YARRELL,

Plaintiff - Appellant,

versus

CAROLINE BUCHANAN, Mailroom Clerk; MARCUS

HUGHES, Superintendent at Avery-Mitchell Correctional Institution,

Defendants - Appellees.

Appeal from the United States District Court for the Western

District of North Carolina, at Asheville. Graham C. Mullen, Chief

District Judge. (CA-01-148-1-MU-2)

Submitted: January 31, 2002 Decided: February 6, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dennis E. Yarrell, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Dennis E. Yarrell appeals the district court’s order denying

relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We

have reviewed the record and the district court’s opinion and find

no reversible error. Accordingly, we affirm on the reasoning of

the district court. Yarrell v. Buchanan, No. CA-01-148-1-MU-2

(W.D.N.C. filed July 11, 2001 & entered July 12, 2001). We dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
Electronically Filed

Intermediate Court of Appeals

CAAP-15-0000510

24-DEC-2018

08:01 AM
Sanitized – Attachment 018 Page 1 of 2Sanitized – Attachment 018 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                           3,266
<SECURITIES>                                         0
<RECEIVABLES>                                   35,687
<ALLOWANCES>                                       750
<INVENTORY>                                     30,582
<CURRENT-ASSETS>                                78,192
<PP&E>                                         283,023
<DEPRECIATION>                                  37,477
<TOTAL-ASSETS>                                 331,704
<CURRENT-LIABILITIES>                           42,281
<BONDS>                                        165,500
<COMMON>                                           105
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     108,230
<TOTAL-LIABILITY-AND-EQUITY>                   331,704
<SALES>                                        234,490
<TOTAL-REVENUES>                               234,490
<CGS>                                          181,899
<TOTAL-COSTS>                                  181,899
<OTHER-EXPENSES>                                27,197
<LOSS-PROVISION>                                   361
<INTEREST-EXPENSE>                              13,927
<INCOME-PRETAX>                                 11,106
<INCOME-TAX>                                     4,442
<INCOME-CONTINUING>                              6,664
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,664
<EPS-PRIMARY>                                      .61
<EPS-DILUTED>                                      .61
        

</TABLE>