alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 4.1

                              CERTIFICATE OF TRUST

                                       OF

                         FIRST MERCHANTS CAPITAL TRUST I

     This Certificate of Trust is being executed as of December 12, 2001 for the
purposes of organizing a business trust pursuant to the Delaware  Business Trust
Act, 12 Del. C.ss.ss.3801 et seq. (the "Act").

     The undersigned hereby certifies as follows:

1.   Name. The name of the business trust is "First  Merchants  Capital Trust I"
     (the "Trust").

2.   Delaware Trustee.  The name and business address of the Delaware trustee of
     the  Trust  meeting  the  requirements  of  Section  3807 of the Act are as
     follows:

     First Union Trust Company,
     National Association
     One Rodney Square 920
     King Street
     Suite 102
     Wilmington, Delaware 19801
     Attention: Corporate Trust Trustee Administration

3.   Effective.  This  Certificate of Trust shall be effective  immediately upon
     filing in the Office of the Secretary of State of the State of Delaware.

     IN WITNESS WHEREOF, the undersigned being all of the trustees of the Trust,
have duly executed this  Certificate of Trust as of the day and year first above
written.

FIRST UNION TRUST COMPANY, NATIONAL ASSOCIATION
as Delaware Trustee

By:       /s/ Edward L. Truitt, Jr.
   --------------------------------
    Name:  Edward L. Truitt, Jr.
         --------------------------
    Title:    Vice President
         --------------------------


                                       -1-
<PAGE>

ADMINISTRATIVE TRUSTEE

     /s/  Michael L. Cox
-----------------------------------
     Michael L. Cox

ADMINISTRATIVE TRUSTEE

     /s/  Larry R. Helms
-----------------------------------
     Larry R. Helms, Esq.

ADMINISTRATIVE TRUSTEE

     /s/  Mark K. Hardwick
-----------------------------------
      Mark K. Hardwick


                                      -2-
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6764

EUGENE JACKSON,

Petitioner – Appellant,

v.

J. R. CARAWAY, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. William M. Nickerson, Senior District 

Judge. (1:11-cv-01876-WMN)

Submitted: September 17, 2013 Decided: October 4, 2013

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eugene Jackson, Appellant Pro Se. Joshua L. Kaul, OFFICE OF THE 

UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Eugene Ernst Jackson seeks to appeal: the district 

court’s orders: treating his motion for reconsideration as a 

successive 28 U.S.C.A. § 2255 (West Supp. 2013) motion and 

dismissing it on that basis; and denying his motion for 

reconsideration. The district court’s orders are not appealable 

unless a circuit justice or judge issues a certificate of 

appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate 

of appealability will not issue absent “a substantial showing of 

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) 

(2006). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that 

Jackson has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. 
3

Additionally, we construe Jackson’s notice of appeal 

and informal brief as an application to file a second or 

successive § 2255 motion. See United States v. Winestock, 340 

F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization 

to file a successive § 2255 motion, a prisoner must assert 

claims based on either: (1) newly discovered evidence, not 

previously discoverable by due diligence, that would be 

sufficient to establish by clear and convincing evidence that, 

but for constitutional error, no reasonable factfinder would 

have found the movant guilty of the offense; or (2) a new rule 

of constitutional law, previously unavailable, made retroactive 

by the Supreme Court to cases on collateral review. 28 U.S.C. 

§ 2255(h) (West Supp. 2013). Jackson’s claims do not satisfy 

either of these criteria. Therefore, we deny authorization to 

file a successive § 2255 motion.

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

DISMISSED
# C_2022471EN.01000101.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 471/1 |
| --- | --- | --- | --- |

12.12.2022

EN

Official Journal of the European Union

C 471/1

---

Initiation of proceedings

(Case M.10433 – VIVENDI / LAGARDERE)

(Text with EEA relevance)

(2022/C 471/01)

On 30 November 2022, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference No. M.10433 – VIVENDI / LAGARDERE, to the following address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

---
EXHIBIT 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We  consent to the incorporation by reference in Registration Numbers 333-25979,
333-69410  and 333-122575 on Form S-8 and Registration Number 333-130629 on Form
S-3  of Orbit International Corp. and Subsidiaries of our report dated March 31,
2008  relating  to  our  audit  of  the consolidated financial statements, which
appears  in  this  Annual  Report  on Form 10-K of Orbit International Corp. and
Subsidiaries  for  the  year  ended  December  31,  2007.




MCGLADREY  &  PULLEN,  LLP
New  York,  New  York

March  31,  2008
```

[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Page 11775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4625]

[[Page 11775]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

Defense Federal Acquisition Regulation Supplement; Technical 
Amendment

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is making a technical amendment to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide needed editorial 
changes.

DATES: Effective Date: February 28, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Ynette Shelkin, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B855, 
3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 703-602-
8384; facsimile 703-602-7887.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
    [cir] 252.215-7002 Adds the words ``compliance with'' at paragraph 
(d)(4)(xii) for clarity.

List of Subjects in 48 CFR Part 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR Part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

252.215-7002  [Amended]

0
2. Section 252.215-7002 is amended by removing ``including verification 
of the company's estimating and budgeting policies'' and adding 
``including verification of compliance with the company's estimating 
and budgeting policies'' in its place.

[FR Doc. 2012-4625 Filed 2-27-12; 8:45 am]
BILLING CODE 5001-06-P
```
Letter Agreement between Gary D. Smith and Dril-Quip, Inc.


 Exhibit 10.2 
  
 October 28, 2004 
  
 Dril-Quip, Inc. 
 13550 Hempstead Hwy. 
 Houston, Texas 77040 
  
 Gentlemen: 
  
 In light of the
current uncertainty surrounding stock option expensing, I hereby waive my right to receive an award of stock options in 2004 pursuant to Section 3.C of the Employment Agreement (the “Employment Agreement”) dated as of October 17, 1997
between myself and Dril-Quip, Inc. (the “Company”). Additionally, I hereby waive any right to terminate the Employment Agreement for Good Reason (as defined in the Employment Agreement) specifically caused by the Company’s failure to
award such stock options in the year 2004 only. No other conditions or rights of the contract are waived and the right to receive an award of stock options is only waived for the year 2004. 
  

	
	 Very truly yours,

	
	 /s/ Gary D. Smith




  
 Accepted and Agreed as of the

 date first written above. 
  

			
	 DRIL-QUIP, INC.

		
	 By:
	 	 /s/ Larry E. Reimert


	 Name:
	 	 Larry E. Reimert

	 Title:
	 	 Co-CEO
Attachment E:

Partner Registration Form
I 

114TH CONGRESS 

1ST SESSION H. R. 2878 

To provide for the extension of the enforcement instruction on supervision 

requirements for outpatient therapeutic services in critical access and 

small rural hospitals through 2015. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2015 

Ms. JENKINS of Kansas (for herself and Mr. LOEBSACK) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the extension of the enforcement instruction 

on supervision requirements for outpatient therapeutic 

services in critical access and small rural hospitals 

through 2015. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 2878 IH

1 SECTION 1. EXTENSION OF ENFORCEMENT INSTRUCTION 

2 ON SUPERVISION REQUIREMENTS FOR OUT3 PATIENT THERAPEUTIC SERVICES IN CRIT4 ICAL ACCESS AND SMALL RURAL HOSPITALS 

5 THROUGH 2015. 

6 Section 1 of Public law 113–198 is amended— 

7 (1) in the section heading, by striking ‘‘2014’’ 

8 and inserting ‘‘2015’’; and 

9 (2) by striking ‘‘calendar year 2014’’ and in10 serting ‘‘calendar year 2015’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
#### Ex parte Mont BRIDGES.

No. 17233.

Court of Criminal Appeals of Texas.

Oct. 17, 1934.

Reliearing Denied Oct. 31, 1934.

T. L. Price, of Post, and Bledsoe, Crenshaw & Dupree, of Lubbock, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

MORROW, Presiding Judge.

This is an appeal from the order of the district court of Garza county denying bail for the murder of Bertha Gordon.

The questions dealt with in this appeal are supported by the identical evidence as in the case of Ex parte Mont Bridges, 75 S.W.(2d) 270, in which this court has this day declined to interfere with the order of the district judge denying bail.

In the present appeal the same order is made.

On Motion for Rehearing.

LATTIMORE, Judge.

This is a companion case to Ex parte Mont Bridges, 75 S.W.(2d) 270. For the reasons set out in our opinion overruling the motion for rehearing in the latter case, which opinion is handed down to-day, the motion for rehearing in this case will also be overruled.
#### MATHIS v. STATE.

No. 19268.

Court of Criminal Appeals of Texas.

Jan. 5, 1938.

Tom Bartlett, of Marlin, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

MORROW, Presiding Judge.

The offense is. burglary; penalty assessed at confinement in the penitentiary for a period of two years.

The indictment ' appears regular and properly presented. The record is before this court without statement of facts or bills of exception. No error has been perceived or pointed out.

The judgment is affirmed.
Exhibit 32.2



CERTIFICATION OF

PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the accompanying Report on Form 10-K of Gas Transmission
Northwest Corporation for the year ended December 31, 2004, I, Russell K. Girling, Chief Financial Officer of Gas Transmission Northwest Corporation, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



| | (1) | such Report on Form 10-K for the year ended December 31, 2004, 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 such Report on Form 10-K for the year ended December 31, 2004, fairly presents, in all material respects, the financial condition and results of
operations of Gas Transmission Northwest Corporation.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: March 14, 2005



/s/    RUSSELL K. GIRLINGRussell K. GirlingChief Financial Officer




A signed
original of this written statement required by Section 906 has been provided to Gas Transmission Northwest Corporation and will be retained by Gas Transmission Northwest Corporation and furnished to the Securities and Exchange Commission or its
staff upon request.
#### RAMIREZ v. AMERICAN NAT. INS. CO.

No. 10173.

Court of Civil Appeals of Texas. San Antonio.

Nov. 17, 1937.

J. R. Cade, of San Antonio, for appellant.

Claud J. Carter, of San Antonio, for ap-pellee.

SMITH, Chief Justice.

This appeal is from a judgment denying recovery to Louisa C. Ramirez against American National Insurance Company upon a policy of insurance issued by said company upon the life of Alejandro Ramirez, deceased.

The only two propositions of law advanced in appellant’s brief bring into question the sufficiency of the evidence to support the trial judge’s findings of fact upon the issue of consideration for a written release of the insurance company from liability upon the policy sued on. These propositions are not followed by any statement--setting out any of the testimony upon that issue, from which this court can determine the questions sought to be raised. The appeal therefore presents nothing for review, and the judgment is affirmed.
# C_2022319EN.01000201.xml

| 23.8.2022 | EN | Official Journal of the European Union | C 319/2 |
| --- | --- | --- | --- |

23.8.2022

EN

Official Journal of the European Union

C 319/2

---

Non-opposition to a notified concentration

(Case M.10778 – TA ASSOCIATES / CLEARLAKE / KOFAX)

(Text with EEA relevance)

(2022/C 319/02)

On 15 July 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10778. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10778. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
Fourth Court of Appeals

San Antonio, Texas

February 8, 2019

No. 04-17-00514-CV

Judith Ann MIEARS and Patricia Anderson,

Appellants

v.

Jean MCPHERSON,

Appellees

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 13-0659-CV-A

Honorable Jessica Crawford, Judge Presiding

O R D E R

On January 16, 2019, this court issued its opinion and judgment. A motion for en banc 

reconsideration was due on January 31, 2019. See TEX. R. APP. P. 49.7. 

On February 5, 2019, within fifteen days after the motion for en banc reconsideration was 

due, see id. R. 49.8, Appellants filed an unopposed motion for an extension of time to file a 

motion for en banc reconsideration until February 20, 2019.

Appellants’ motion for extension of time is GRANTED. Appellants’ motion for en banc 

reconsideration is due on February 20, 2019.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 8th day of February, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
<TABLE> <S> <C>



        <S> <C>
<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS RESTATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 
FORM 10-K FOR THE PERIOD ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS  
ENTIRETY  BY REFERENCE TO SUCH FINANCIAL STATEMENTS TO RETROACTIVELY RESTATE 
EARNINGS PER SHARE IN ACCORDANCE WITH THE FINANCIAL ACCOUNTING STANDARDS 
BOARD STATEMENT OF FINANCIAL ACCOUNTING STANDARDS NO. 128, "EARNINGS PER 
SHARE" ("SFAS 128").
</LEGEND>
<RESTATED>
       

<S>                                   <C>
<PERIOD-TYPE>                          12-MOS
<FISCAL-YEAR-END>                      DEC-31-1996
<PERIOD-END>                           DEC-31-1996
<CASH>                                  10,778,423
<SECURITIES>                            12,706,757
<RECEIVABLES>                               22,859
<ALLOWANCES>                                     0
<INVENTORY>                                 83,201
<CURRENT-ASSETS>                        22,337,006
<PP&E>                                   1,120,572 <F1>
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                          25,062,791 <F2>
<CURRENT-LIABILITIES>                    1,264,867
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     6,999
<OTHER-SE>                              23,735,369
<TOTAL-LIABILITY-AND-EQUITY>            25,062,791
<SALES>                                     31,031
<TOTAL-REVENUES>                            31,031
<CGS>                                      196,344
<TOTAL-COSTS>                            7,700,438
<OTHER-EXPENSES>                            15,992
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          15,992
<INCOME-PRETAX>                        (6,955,558)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                    (6,955,558)<F3>
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                           (6,955,558)
<EPS-PRIMARY>                               (1.52)<F4>
<EPS-DILUTED>                               (1.52)
<FN>
<F1>PP&E on Accountant Report is net of depreciation.
<F2>TOTAL ASSETS includes prepaid item not shown on schedule.
<F3>Interest and income for the 12 months ended December 31, 1996 was
    $926,185.

<PAGE>


<F4>See Accountant's Report for computation of net loss per share.
</FN>
        

</TABLE>
EXHIBIT 32.1





OVERSEAS SHIPHOLDING GROUP, INC. AND SUBSIDIARIES





CERTIFICATION OF CHIEF EXECUTIVE OFFICER


AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF 2002





Each of the undersigned, the Chief Executive Officer and the Chief Financial Officer of Overseas Shipholding Group, Inc. (the “Company”), hereby certifies, to the best of his knowledge and belief, that the Form 10-K/A of the Company for the annual period ended December 31, 2018 (the “Periodic Report”) accompanying this certification 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 that the information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company. This certification is provided solely for purposes of complying with the provisions of Section 906 of the Sarbanes-Oxley Act and is not intended to be used for any other purpose.





Date: March 29, 2019/s/ SAMUEL H. NORTONSamuel H. NortonChief Executive OfficerDate: March 29, 2019/s/ RICHARD TRUEBLOODRichard TruebloodChief Financial Officer